A California federal judge Thursday told the U.S. Food and Drug Administration to look into the potential environmental consequences of genetically engineered salmon escaping into the wild, handing a partial win to green groups and a Native American tribe challenging the agency's approval of the fish.
A New York appeals court has greenlighted Allergan Finance LLC's suit for defense and indemnification from Pfizer Inc. in nationwide opioid litigation, finding it has adequately pled the suits against it trigger an agreement between the companies.
The Fifth Circuit has agreed with a lower court that an AIG unit can't prove Caterpillar and another manufacturer are responsible for $15 million in damages for the failure of a fracking pump that was linked to a fire at a Texas well site.
An Illinois federal judge won't give Actavis Inc. a quick win on claims that one of its testosterone drugs led to a user's stroke, finding that the company's duty to warn is not limited to a U.S. Food and Drug Administration-approved insert in the drug's packaging.
A litigation funder told an Illinois federal court Wednesday that it had reached a settlement in its fraud case against embattled Tallahassee, Florida, lawyer Tim Howard, who allegedly directed 31 NFL player clients to invest millions in loans from the funder.
The Ak-Chin Indian Community has urged a federal judge to toss a counterclaim in the tribe's suit alleging two Arizona water districts violated federal law by pumping groundwater into the tribe's water used for farming, saying the tribe never waived its sovereign immunity to the claim.
A Florida federal judge on Wednesday dismissed a group of bellwether cases in litigation over the 2010 BP Deepwater Horizon oil spill brought by state clean up workers and coastal residents who claimed they had health problems from the disaster, finding their expert testimony was flawed.
With a path to electoral victory narrowing, President Donald Trump unleashed an onslaught of lawsuits and challenges Wednesday, suing to stop vote counting in Pennsylvania, Michigan and Georgia, promising to demand a recount in Wisconsin, and joining a U.S. Supreme Court suit over mail-in ballots.
Honda Motor Co. asked a California federal judge Tuesday to toss a proposed class action that claims the car company hid defective crash detection systems from customers, saying the plaintiffs fail to state how the defects should have been resolved.
A Michigan federal judge has refused to dismiss a woman's suit against Biomet Orthopedics LLC over an allegedly defective hip implant, finding her suit wasn't time-barred.
Taylor Energy Co. LLC told the Fifth Circuit that a lower court was wrong to say that a contractor hired by the U.S. Coast Guard to help clean up an undersea oil leak is immune from Taylor's legal claims, arguing the lower court wrongly discounted conflicting information.
A pair of former McKesson Corp. employees are asking a California federal court not to toss their revised claims that the company falsely told the government it complied with security protocols to stop the diversion of opioids, saying the amended complaint fixes the issues that got the previous version dismissed.
A proposed class of consumers says Costco Wholesale Corp.'s Kirkland dog food purports to be "grain free" while in reality it contains wheat and other "unlisted ingredients," according to a suit filed in Washington federal court Tuesday.
Several races that had not yet been called Wednesday will ultimately determine whether Republicans retain control of the U.S. Senate in 2021, leaving questions about everything from negotiations on a pandemic stimulus bill to pending judicial confirmations hanging in the balance.
A campaign adviser for former Vice President Joe Biden said the candidate is "not worried" about threats by President Donald Trump to go to the U.S. Supreme Court to block the counting of mail-in ballots in the contest, as Biden pulled ahead in another key swing state Wednesday morning.
President Donald Trump vowed early Wednesday to challenge the results of the presidential election at the U.S. Supreme Court, slamming the election as a "fraud" and an "embarrassment to our country" even as ballots in key battleground states remained uncounted.
The most heavily litigated election in U.S. history remained undecided Wednesday morning, in a tight race that could turn on a legal battle in Pennsylvania over uncounted mail-in ballots, positioning a handful of high-profile attorneys at the center of lawsuits that could determine the next president.
As the nation waits with bated breath for the results of the 2020 presidential contest, the prospect of litigation over mail-in ballots in battleground states has led to fear that it could once again come down to the Supreme Court to declare a winner. Here's why that's still a long shot.
Control of the U.S. Senate remained uncertain early Wednesday as the coronavirus outbreak slowed vote tallying, leaving in limbo a pressing agenda that includes pandemic relief, government funding and federal judge confirmations.
Food giant Mondelez International on Monday accused a Minnesota cheese cooperative of selling whey powder contaminated with salmonella, an ordeal that ultimately forced Mondelez to institute a costly recall of Ritz branded products, according to a suit lodged in Illinois federal court.
A California judge has declared a mistrial in what appears to be the first virtual talc trial, halting the online jury proceeding against Johnson & Johnson and other companies after the health of the plaintiff, a cancer patient, declined sharply.
A multistate government agency creditor group told a Delaware judge Tuesday that it should be given sufficient time to probe a swap of more than $1 billion of unsecured notes for roughly $820 million in lien-protected secured notes shortly before Mallinckrodt PLC's Chapter 11 filing.
Three opioid distributors have agreed to pay up to $21 billion to settle sprawling litigation over their alleged role in fueling the opioid crisis that has destroyed countless Americans' lives, an attorney involved in the negotiations told Law360 on Tuesday.
The Third Circuit on Tuesday sided with Abbott Laboratories in dismissing a suit alleging one of its devices was defective and failed during surgery, saying the plaintiffs can't plead state law claims that are parallel to federal law requirements without pleading what those federal requirements are.
Monsanto's parent company Bayer AG said Tuesday it expects to pay $2 billion in a class settlement to resolve future claims that Roundup weedkiller causes cancer, increasing its original estimate of $1.25 billion.
The Toxic Substances Control Act requires manufacturers and importers to report to the U.S. Environmental Protection Agency every four years on their use and disposal of certain chemicals — and with the next reporting deadline on Nov. 30 and recent changes to TSCA regulations, companies must focus on their reporting strategies, say attorneys at Pillsbury.
When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.
A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.
As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.
Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.
Adapting in-person methods of presenting evidence to a remote trial setting can seem daunting, but attorneys can display exhibits on a videoconference platform seamlessly with a little creativity and a lot of practice, say attorneys at Clarick Gueron.
Recent false advertising claims against Burger King’s plant-based Impossible Whopper and proposed federal legislation demonstrate why manufacturers and retailers of meat and dairy substitute products must evaluate labels carefully to avoid confusion and potential liability, say Joshua Briones and Nicole Ozeran at Mintz.
After a Michigan federal court's ruling that the U.S. Environmental Protection Agency is not immune from negligence claims over the water crisis in Flint, Michigan, companies facing lawsuits related to their actions following EPA guidance should consider whether the agency shares some fault, say attorneys at Faegre Drinker.
As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.
Although the U.S. Environmental Protection Agency has terminated its temporary policy adjusting enforcement activities during the COVID-19 pandemic, many organizations have still not returned to normal operations, making standard compliance practices difficult, says Grant Gilezan at Dykema.
The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.
The U.S. Department of Transportation's recently announced audit of the National Highway Traffic Safety Administration's vehicle safety oversight process highlights the urgent need for broader federal review and revision of auto safety regulation to better address transformative new vehicle technologies, says Paul Hemmersbaugh at DLA Piper.
Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.
The Sixth Circuit's recent ruling in Linneman v. Vita-Mix Corp. affirmed that courts may use the lodestar method to determine class action attorney fees, but also found that coupon redemption rates may be relevant to the overall reasonableness of the fee award — highlighting two practical considerations for class action defendants, say attorneys at McGuireWoods.
In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.