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National Law Journal

As 3M Judge Weighs Playing the Bankruptcy Card, Plaintiffs Lawyers Grapple With Rising Use of Strategy

As bankruptcy and the Texas Two-Step are being used as litigation strategy in MDLs, court watchers are wondering how viable this avenue will be in the long run. One judge is hearing arguments on it April 19.
4 minute read

Law.com

'This Bankruptcy Is Unconscionable': Judge Hears All-Day Arguments About Talc Bankruptcy's Stay

On Tuesday, U.S. Bankruptcy Chief Judge Michael Kaplan heard more than eight hours of arguments on whether the automatic stay in this month's talcum powder bankruptcy filing should halt trials against Johnson & Johnson.
4 minute read

National Law Journal

Warranty Claims Spike, Target Tesla After FTC Action

After the FTC enforces and reaches a settlement, plaintiffs attorneys or state attorneys general often look toward such agreements to file their own claims.
5 minute read

Law.com

Unsettled Law in Massachusetts: Can an Insurer Recoup Defense Costs Provided to an Insured?

"Similarly concluding that an insurer's refusal to defend while admitting that it has the duty to do so makes out G. L. cc. 93A and 176D claims, we vacate so much of the judgment as dismissed the unfair business practices claims," Associate Justice Joseph M. Ditkoff wrote for the panel.
6 minute read

New York Law Journal

FTC's Proposed New Rules for Businesses Selling Subscriptions Heighten Compliance Obligations

The FTC wants it to be simpler for consumers to cancel subscription service and is proposing a change that would force companies to make it as easy to cancel a subscription as it is to sign up. This article discusses the proposed rule and suggests that companies take action to examine their enrollment and cancellation processes in order to comply.
7 minute read

Texas Lawyer

New Ruling Allows Access to Abortion Pill, but With Several Limitations

The Fifth Circuit concluded the doctors and medical associations have standing, stating, "plaintiff emergency room doctors have a concrete, particularized injury since they have provided the emergency care. Mifepristone users who present themselves to the plaintiffs have required blood transfusions, overnight hospitalization, intensive care, and even surgical abortions."
5 minute read

The Legal Intelligencer

For Pa. Big Law Litigators, AI Is 'The Next Frontier'

The growing deployment of the technology will likely create demand for experts in data privacy, consumer protection, antitrust and beyond.
5 minute read

New York Law Journal

Calif., NY Co-Lead $462M Agreement, Resolving Claims of Juul Fueling Youthful E-Cig Use

The settlement, which includes Colorado, Illinois, Massachusetts and New Mexico, is for Juul and its former directors and executives' alleged role in contributing to the youth vaping epidemic that led to a rise in underage e-cigarette smoking across the United States.
6 minute read

Corporate Counsel

CEO Favors Building Rapport With Regulators, Rather Than Waiting for Their Call

"In a way, we're on the same side and not that traditional two-sides battle between regulators and businesses." Checkr CEO Daniel Yanisse said.
5 minute read

Law.com

Humana's RICO Claims Against MS Drug Manufacturer Barred by 'Indirect Purchaser' Rule, Judge Concludes

"Under the 'indirect purchaser rule,' first developed by the Supreme Court in the antitrust context, only a direct purchaser of goods has standing to assert a claim for violation of the antitrust laws," U.S. District Judge F. Dennis Saylor wrote. "Every circuit to have considered the issue has held that the rule also applies to civil RICO actions, and that indirect purchasers therefore do not have standing to assert RICO claims. The First Circuit has not yet addressed the question. While there may be practical and policy reasons to question the application of that rule in the health-insurance context, for the reasons that follow, this Court will follow the majority rule. It will therefore dismiss the civil RICO claims for failure to state a claim on that basis."
6 minute read

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