$600M Norfolk Southern Derailment Deal Gets Early Court OK

By Linda Chiem

Consolidated class litigation over last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, cleared a court hurdle Tuesday after a federal judge tentatively signed off on a proposed $600 million settlement between the rail giant and thousands of impacted residents and businesses.

Order attached | Read full article » | Save to favorites »

OSU Strikes Deal To Resolve Ex-Prof's Gender Bias Suit

By Emmy Freedman

Ohio State University reached a tentative deal Wednesday with a former marketing professor to end her lawsuit accusing the school of firing her for working with outside clients while male colleagues escaped retribution, a notice in federal court said.

Read full article » | Save to favorites »

Lead Blood Test Maker To Plead Guilty, Pay $42M Over Defects

By Julie Manganis

Medical device maker Magellan Diagnostics has agreed to pay at least $42 million and plead guilty to hiding a defect in its blood testing devices for lead that caused inaccurately low results for tens of thousands of children and others, Massachusetts federal prosecutors said.

2 documents attached | Read full article » | Save to favorites »

Teva, Bristol-Myers Cite Bystolic Against Cancer Drug Case

By Bryan Koenig

Celgene and parent Bristol-Myers Squibb pointed a New Jersey federal judge to the dismissal, recently upheld by the Second Circuit, of an antitrust suit over delayed generic competition to AbbVie's hypertension treatment Bystolic to argue the same logic applies to their bid to duck antitrust claims over cancer therapies.

Letter attached | Read full article » | Save to favorites »

Analysis

Justices' CFPB Alliance May Save SEC Courts, Not Chevron

By Katie Buehler

A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

Read full article » | Save to favorites »

Analysis

Solar Cell Duties May Inadvertently Crush Domestic Industry

By Jennifer Doherty

A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by importers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.

Read full article » | Save to favorites »

What The FTC Report On AG Collabs Means For Cos.

The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

Report attached | Read full article » | Save to favorites »

When Oral Settlements Reached In Mediation Are Enforceable

A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

Read full article » | Save to favorites »

Series

Being An EMT Makes Me A Better Lawyer

While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

Read full article » | Save to favorites »

Stryker Unit And Seyfarth Attys Hit With $275K Sanctions

By Emily Sawicki

A Colorado federal judge has imposed $275,000 in sanctions jointly and severally on Stryker-owned Howmedica Osteonics Corp., along with Seyfarth Shaw LLP, for witness coaching and discovery violations in a bitter breach-of-contract dispute, amounting to roughly one-eighth of what plaintiff ORP Surgical LLC had sought.

Order attached | Read full article » | Save to favorites »

BREAKING: Biden Names Judicial Nominees For 1st, 6th Circuits

By Courtney Bublé

President Joe Biden announced four new judicial nominees on Thursday, including picks for the First Circuit and the Sixth Circuit.

Read full article » | Save to favorites »