Poppy Seeds Are Driving Personal Injury Filings: The Morning Minute
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September 14, 2021 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
LOST CAUSE? - Law firm leaders have recently shown a willingness to stand up for causes they and their clients believe in. They've signed letters denouncing anti-Semitic attacks and opposing voter suppression legislation. They've spoken out about racial justice and the #MeToo movement, and many have acknowledged the role they must take in improving legal industry diversity and inclusion. So why haven't we seen a similar outspokenness from law firm heads when it comes to Texas' new restrictive abortion law, which essentially bans abortion after six weeks and allows private individuals to sue anyone who "aids or abets" an abortion that is barred under the statute? As Law.com's Brenda Sapino Jeffreys reports, the silence is actually not all that surprising to law firm marketers and consultants, who say lawyers, staff and clients are divided on the issue. "It's just one of those issues that they aren't going to touch," said one firm marketer who did not want to be identified. "It's a sticky wicket, isn't it?" said Deborah McMurray, founder and chief executive officer of Content Pilot in Dallas, predicting that most firms would steer clear of making statements about the law itself but would likely represent defendants sued under the law pro bono.
SEEDS OF DISPUTE - The whole "internet" thing had a nice run, but maybe it's time to end this experiment and go back to reading, y'know, books. As Law.com's Charles Toutant reports, lawsuits are emerging around the country over deaths and serious injuries caused by the medicinal use of poppy seeds, which a number of users first learned about from YouTube videos and websites that claimed tea made from the unwashed seeds could cure everything from anxiety to arthritis to diarrhea. Instead, according to the lawsuits, the resulting brew contains morphine and codeine. Now, suppliers of the seeds are facing suits over alleged harms linked to their products. There are currently at least two suits over poppy seed tea-related deaths pending in New Jersey federal court. "Misinformation about medical issues is rife right now in our country," said Jory Lange Jr., the Houston attorney representing the plaintiffs in the New Jersey cases. "I'm very concerned because people are still selling these. This really is a risk out there and I think most of the people consuming these unwashed poppy seeds have no idea how dangerous they are."
UNEQUAL TREATMENT? - Aetna was hit with a civil rights class action Monday in New York Southern District Court alleging that the health insurer engages in sex discrimination by denying lesbian, gay, bisexual, transgender, queer, intersex or nonbinary individuals equal access to fertility treatment. The suit was filed by Emery Celli Brinckerhoff Abady Ward & Maazel and the National Women's Law Center. Counsel have not yet appeared for the defendant. The case is 1:21-cv-07619, Goidel v. Aetna Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
| | |- Texas Passes Social Media Censorship Law as Similar Measure Winds Through Florida Federal Court By Allison Dunn
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WHILE YOU WERE SLEEPING
STICKING POINT - Debevoise & Plimpton has become the second major U.S. law firm to mandate COVID-19 vaccination as a requirement to enter its London offices, Law.com International's Hannah Roberts reports. In a memo sent to the London workforce, London co-managing partners Richard Ward and Lord Goldsmith QC said the firm will "require everyone who wishes to come into the office, including visitors, to provide proof that they are fully vaccinated." The policy will take effect from October 11, the memo added, which also asked the firm's people to communicate their working plans if they wanted to work from the office ahead of the global firm's compulsory return date that is expected to be "no earlier than at some point in November." The move comes a month after the firm began looking into the issue of mandatory vaccination in London. In a memo from August, the London co-heads also asked its London people not to use public transport to travel into the office, but that policy has now been reversed, according to a spokesperson. Debevoise follows fellow U.S. firm Morrison & Foerster in opting for the new rules, with MoFo having been the first law firm to mandate vaccination in London ahead of a widespread return to office working across the city.
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WHAT YOU SAID
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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