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Daily Business Review

Hot Dogs vs. Deli Meat; Rising Costs Shape Choices at Walmart

Retailers this year have had to stay on top of shopping habits vastly changed by both rising costs and consumers that would rather spend money outside of the home rather than on it as the pandemic eases.
4 minute read

Law.com

Appeals Court: Walmart's 'Black & Decker' Coffee Makers Were Deceptive, But Class Failed to Establish Damages

"In essence, defendants argue that if the Lanham Act allows Applica to market the coffeemaker, the arrangement cannot constitute a violation of the UPA," a judge stated. "We disagree."
5 minute read

Law.com

Court: Massachusetts Law Applies to Loss-of-Consortium Claims Stemming From New Hampshire Crash

"Here, the tire installation and accident—both of which occurred in New Hampshire—were the last events creating potential liability to VIP for negligence and loss-of-consortium claims. Therefore, the presumption is that New Hampshire law applies," Judge Angel Kelley wrote.
4 minute read

Connecticut Law Tribune

2nd Circuit Bounces Contact Lens Product Liability Claim Against Bausch & Lomb Back to District Court

"In the course of its analysis, the Supreme Court of Connecticut stated that while there would be no duty for a manufacturer 'to report adverse events associated with the device to the FDA in the absence of federal law requiring such reports,' it does not follow that 'no state law duty to report adverse events to the FDA exists,'" Judge Gerard E. Lynch wrote on behalf of the Second Circuit.
4 minute read

Legaltech News

California Bill Barring Privacy Protections in Litigation Would Have Significant, Negative Consequences

As a former federal magistrate judge and counsel representing clients in product liability and environmental matters in California courts, we have serious concerns about California's Senate Bill 1149.
13 minute read

Law.com

'Fabricated Evidence' Leads Federal Judge to Award $400,000 in Fees

"The defendants' attorneys undoubtedly performed a significant service for their clients by securing a dismissal of the plaintiff's claims with prejudice—arguably the best possible outcome in the case. Such a result is also exceedingly rare, as dismissal is the most severe sanction imposed by the court and is typically reserved for only the most egregious conduct," U.S. District Judge James P. Jones of the Western District of Virginia wrote.
7 minute read

Law.com

First Roundup Trial With Multiple Plaintiffs Opens in Monsanto's Backyard

The trial, in Missouri, is the first since Bayer, which owns Monsanto, lost three potential appeals about Roundup, including two before the U.S. Supreme Court.
5 minute read

Daily Business Review

Florida Lawyer Beats Big Tobacco in Nevada Supreme Court, Creating Nationwide Blueprint

"The person representing consumer fraud victims, let's say in Florida, can use this case as persuasive authority," said Fan Li of Kelley | Uustal.
3 minute read

New Jersey Law Journal

Bankruptcy Judge Plans to Appoint Ken Feinberg to Estimate Talc Claims

Chief Bankruptcy Judge Michael Kaplan announced the decision on Thursday after ruling in favor of Johnson & Johnson subsidiary LTL Management on how to proceed with its Chapter 11 bankruptcy, which aims to resolve at least 38,000 lawsuits filed by ovarian cancer and mesothelioma victims.
5 minute read

Texas Lawyer

'Surprise Switcheroo': 2 Circuits Align in Defense of FDA Rule Against Flavored E-Cigarettes

FDA did consider petitioners' device type, and it concluded (reasonably) that what truly impacts youth smokers is flavor preference, not device preference, the Fifth Circuit said.
4 minute read

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