The National Resources Defense Council, Riverkeeper and other environmental advocates are teaming up to file a citizen suit against the U.S. Environmental Protection Agency, saying it is allowing New York City’s rivers and bays to become contaminated with raw sewage by letting the state use outdated water quality criteria.
The National Football League asked a California federal judge to substantially trim a putative class action alleging players were pressured into taking painkillers that caused post-retirement health problems, saying at a hearing Thursday that the complaint was poorly pled and the statute of limitations on most claims had expired.
Attorneys for former players in the NFL’s now-defunct European league told a Pennsylvania federal court Wednesday that co-lead counsel for the concussion settlement has lumped them in with “losing objectors,” even though their work made it possible for Europe-based players to benefit from the deal.
An attorney with aviation specialty firm Ribbeck Law Chtd. has been fined $75,000 in sanctions by an Illinois state court for repeatedly filing discovery requests against Boeing Co. and others, then misrepresenting them as actual lawsuits to drum up business.
Washington state's high court ruled Thursday that ProBuilders Specialty Insurance Co. refused in bad faith to defend a builder against claims a homeowner was sickened by carbon monoxide released from an improperly installed water heater, holding that a pollution exclusion in ProBuilders' policy does not erase coverage.
A casualty insurer has sued another insurer in New York federal court to recover a portion of $1 million it paid to cover a brownie baker’s product contamination losses after two incidents where Pizza Hut customers reported foreign objects in their food, saying the other insurer has paid nothing to date.
A California federal judge Thursday signed off on a $9.75 million fee request from lawyers who secured a settlement valued at $3.4 billion from Toyota Motor Co. to resolve claims of rust-prone truck frames, saying everything “looks good” with the settlement and fee request.
The U.S. government has urged the U.S. Supreme Court not to review a decision that denied compensation to the parents of a child who was allegedly permanently injured as the result of a vaccine, saying the rejection was proper and didn’t violate previous high court precedent.
Dietary supplement maker IQ Formulations LLC used an unapproved ingredient in its weight loss supplements and then wrongly advertised its products as safe, in violation of Florida, New York and Illinois business laws, a potential class of customers alleged in Florida federal court Wednesday.
An Eleventh Circuit panel on Wednesday said that the Tennessee Valley Authority’s negligent asbestos practices caused the wife of one of its former employees to die painfully and prematurely, affirming much of an almost $3.5 million award in her favor.
A Texas federal judge ruled Wednesday that Exxon Mobil Corp. must pay nearly $20 million in civil penalties for millions of pounds of air pollution from a refining and chemical complex in a Houston suburb, a win for environmental groups that saw their suit revived by the Fifth Circuit last year.
The state of Texas on Wednesday hit the U.S. Food and Drug Administration with a suit in federal court claiming that the agency overstepped its authority in blocking the import of a drug used to carry out lethal injection executions.
A plaintiffs' consultant in the Illinois federal court Zimmer NexGen knee implant multidistrict litigation filed a broadside Wednesday over Zimmer's bids for more than 100 plaintiff depositions and massive quantities of allegedly privileged documents, saying they go against court order.
McCain Foods USA Inc. is expanding its nationwide recall of frozen hash browns possibly contaminated with “golf ball materials” after receiving two additional complaints from customers, the company announced Wednesday.
The U.S. Supreme Court’s rejection of General Motors’ bid to dodge responsibility for some of its predecessor company’s actions even after a 2009 bankruptcy makes clear that some buyers in Chapter 11 sales cannot rely on traditional rules to escape liability when parties aren’t properly notified about lingering claims, experts say.
A Minnesota federal judge on Wednesday largely denied the National Hockey League’s bid to compel the Boston University CTE Center and its researchers to hand over materials related to its study of chronic traumatic encephalopathy, the degenerative brain disease at the center of the litigation.
A Texas appellate court Wednesday held that a trial court had abused its discretion by ordering The Goodyear Tire & Rubber Co. to let a plaintiff in a design defect case enter its manufacturing plant to observe and record its tire manufacturing operations during discovery.
A wholesale distribution company owner who pled guilty to orchestrating a scheme to sell counterfeit 5-Hour Energy drinks was sentenced on Wednesday to seven years in prison and ordered to pay more than half a million dollars in restitution to the drink’s maker, according to the U.S. attorney’s office in San Francisco.
A California federal judge on Tuesday trimmed claims in a suit alleging "parasitic" devices in Acura cars for hands-free calling drained batteries, but declined to dismiss a proposed nationwide class, rejecting American Honda Motor Company Inc.’s contention that the proposed class can’t rely on California law.
A Texas federal judge twice refused Wednesday to let Propel Orthodontics escape a Lanham Act suit launched by rival OrthoAccel Technologies over Propel’s alleged false advertising of a competing dental appliance, saying material questions still needed answers and were best left for a trial.
In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.
State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.
Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.
Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.
The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.
Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.
No doubt, there will be a vigorous debate over which interpretation of “best science” the new administration should (or must) apply in developing chemical regulations. It is therefore timely to review briefly these science policy issues and speculate over whether there is any hope that there are opportunities to reach consensus on this issue, says William Walsh of Clark Hill PLC.
The Senate Committee on Health, Education, Labor and Pensions recently held a hearing on the nomination of Scott Gottlieb to be the next commissioner of the U.S. Food and Drug Administration. His comments on FDA policy issues including drug pricing and approvals, food safety and labeling, and the tobacco “deeming” rule offer guidance on the future of the agency, say attorneys from Kelley Drye & Warren LLP.
Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.
For purposes of general jurisdiction, multinational or multistate companies must consider the litigation attributes of the state where they choose to incorporate, or locate their principal place of business, as well as where they locate relatively large portions of their operations. Personal jurisdiction issues in each state should be assessed as part of sound risk management, says Daniel Jaffe of Husch Blackwell LLP.