Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards.
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Apple Says Batteries Piling Up In IPhone Slowdown Suits

Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards. Read more »

Dog Food Maker Must Face Suit Saying Pets Were Sickened

A proposed class action accusing a dog food maker of falsely advertising its products as safe and made with premium meats was kept alive Tuesday by a Washington federal judge, who noted that although the suit has issues, they can be addressed with additional facts in an amended complaint. Read more »

Conagra Looks To Bury ‘Natural’ Labeling Suit At 1st Circ.

Conagra Brands Inc. asked the First Circuit on Tuesday to uphold the dismissal of a proposed class action alleging its Wesson brand cooking oils are misrepresented as "natural," arguing the labeling is in fact consistent with decades-old federal policy about the use of the term. Read more »

Purdue Pharma Triggered Opioid Epidemic, NJ County Says

A New Jersey county hit OxyContin maker Purdue Pharma and several other opioid manufacturers, distributors and retailers with a suit in state court Wednesday accusing the former of sparking the opioid epidemic with deceptive marketing practices that the others eventually adopted. Read more »


Xarelto User Says Pa. Judge Wrongly Axed $28M Award

A woman who won a $28 million verdict in a bellwether case over injuries allegedly linked to the blood thinner Xarelto has argued the Pennsylvania judge who threw out her damages award ignored evidence that additional warnings would not have changed her doctor's decision to prescribe the medication. Read more »

Pa. Justices Urged To Deny Appeal Over Risperdal Time-Bar

A Johnson & Johnson unit on Tuesday urged the Pennsylvania Supreme Court to leave standing a recent decision jeopardizing thousands of pending lawsuits by rolling back the clock on when claims of abnormal breast growth allegedly linked to the antipsychotic drug Risperdal began to expire. Read more »


DC Circuit Urged To Knock Down FDA E-Cig Rule

The D.C. Circuit received pressure Tuesday to overturn parts of a U.S. Food and Drug Administration regulation that brought electronic cigarettes under the reign of the Tobacco Control Act, with a series of amici claiming there are serious First Amendment and public safety risks at play. Read more »


Finance Cos. Told To Stop Contacting Ex-NFL Players

The Pennsylvania federal judge overseeing the uncapped concussion settlement on Tuesday ordered a group of related financial firms to stop contacting former National Football League players following allegations from class counsel that the firms are pressuring players to hand over their retirement accounts. Read more »


California's Evolving Standard On Expert Opinion Evidence

A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP. Read more »



Why BigLaw Firms Are Hungry To Enter And Grow In Dallas

The desire of large law firms to set up shop and grow in Dallas appears to have reached near-frenzy levels, with reports of new offices springing up, mergers being inked, and fierce competition in the lateral market replete with hefty paychecks. Read more »

Andrews Kurth, Hunton & Williams Will Combine In April

After months of rumors and negotiations, the merger between Texas-based Andrews Kurth Kenyon LLP and Virginia's Hunton & Williams LLP has been resoundingly approved by partner votes at both firms, and the union is on track to completion by the end of the quarter, the firms announced Wednesday. Read more »

LA-Based Ogletree Shareholder Sued For Sexual Harassment

Less than six weeks after being hit with a $300 million gender discrimination class action, labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC was accused Wednesday in a California state suit of allowing one of its Los Angeles shareholders to sexually harass a married, gay, Latino attorney. Read more »

Baker McKenzie Taps UK Firm For Sexual Assault Inquiry

Baker McKenzie has engaged London-based international firm Simmons & Simmons to perform an independent inquiry into a years-old sexual assault complaint and the firm’s initial response to it, a spokesperson confirmed Wednesday. Read more »

Judiciary Collecting Sexual Harassment Data

In the wake of the scandal surrounding former Ninth Circuit Judge Alex Kozinski, the federal judiciary is tracking and releasing sexual harassment complaint data, the Administrative Office of the U.S. Courts announced on its website Wednesday. Read more »


Latest Russia Plea A Glimpse Into Mueller’s Universe

The former Skadden Arps Slate Meagher & Flom LLP lawyer who pled guilty to lying to investigators Tuesday offered a peek into the evidence that special counsel Robert Mueller has developed, experts said, and sent a powerful warning to anyone who might lie to investigators. Read more »


What I Learned In My 1st Year: Working For Uncle Wally

My uncle asked me to research some point of law. I left his office to collect my thoughts, then went back in and asked him a question or two. He looked up and gave me his six-word answer: “Do I look like a library?” He taught me that there are no shortcuts to doing your job, says Paul Hamburger of Proskauer Rose LLP. Read more »

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