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Consumer Protection
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October 23, 2024
Conn. Judge Rejects Utility's Defenses In Site Cleanup Battle
An Avangrid Inc. unit hasn't sufficiently rebutted the Connecticut government's claims that it's taking too long to clean up the long-defunct English Station power plant site in New Haven under a partial consent order, a state court judge has ruled.
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October 23, 2024
Kroger Implies Wash. AG Opposes Merger To Aid Gov. Run
The Kroger Co. on Wednesday slammed Washington state's lawsuit targeting its proposed $24.6 billion merger with Albertsons during closing arguments, telling the trial judge that it needlessly duplicates the Federal Trade Commission's antitrust case and suggesting that the state's attorney general was out to boost his campaign for governor.
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October 23, 2024
Co. Misleads Claimants About Visa Mastercard MDL, Attys Say
Class counsel for plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees asked a New York federal judge to demand explanations from a third-party company over misleading statements it allegedly made regarding the claims-submission process for recovering settlement payments.
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October 23, 2024
SEC Says Kraken Can't Get Quick Appeal Of Dismissal Denial
The U.S. Securities and Exchange Commission said cryptocurrency exchange Kraken shouldn't get a quick review of its failed bid to dismiss the regulator's registration suit because the firm's "reinterpretation" of how securities laws apply to digital assets has been broadly rejected by district courts.
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October 23, 2024
Common Ownership Dooms Bids For 9 Low-Power Stations
The Federal Communications Commission said it is not approving nine applications for new low-power FM stations because the entities that applied for them appear to actually all be part of the same organization, which violates the agency's rules on owning multiple stations.
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October 23, 2024
CFPB's Chopra Touts Open Banking Rule After Industry Rips It
Consumer Financial Protection Bureau Director Rohit Chopra on Wednesday promoted his agency's new open banking rule to a fintech audience amid stiff opposition from banks, saying "incumbents" can't be allowed to box out the competition that expanded financial data-sharing will enable.
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October 23, 2024
CFPB, Chicago-Area Lender Say Redlining Suit Deal Is 'Likely'
The Consumer Financial Protection Bureau and a Chicago-area mortgage lender have said in a filing that they could be close to settling claims that the lender illegally disparaged majority-Black neighborhoods.
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October 23, 2024
Stop & Shop Parent Co. Sued Over Orange Soda Ingredient
The parent company of grocery stores Stop & Shop, Food Lion, Hannaford and others was hit with a proposed class action Tuesday in North Carolina federal court alleging that the company's orange soda contained an oil additive that allegedly can cause neurological damage.
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October 23, 2024
Firms Ask DC Court To Nix 'Retaliatory' Canadian Arbitrations
Two plaintiffs' law firms are urging a D.C. federal court to bar the operators of two allegedly illegal online casinos from pursuing "retaliatory" arbitrations in Canada against their clients, arguing they're trying to bully clients into submitting to a non-U.S. friendly arbitral institution.
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October 23, 2024
Advocacy Group Denies Political Bent In Fox Philly Fight
An advocacy group is coming out swinging against claims its attempts to strip a Philadelphia Fox television station of its license for peddling conspiracy theories about the 2020 election is partisan, telling the FCC that its petition is about the station's deliberate choice "to lie to the American people."
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October 23, 2024
Late Smoker's Spouse Can Argue Survivor's Benefits At Retrial
The husband of a deceased smoker whose $157 million win against tobacco companies was erased can claim surviving spouse damages under Florida's Wrongful Death Act on retrial even though he was not married to his partner at the time he was diagnosed with lung disease, according to an opinion released Wednesday by a Florida appeals court.
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October 23, 2024
Conn. Dispensary Can't Fight $500K Fee, State Agency Says
Connecticut's consumer protection agency is urging a superior court to trash a suit accusing state officials of causing a marijuana dispensary to miss a deadline and costing it half a million dollars, arguing that the state law doesn't give the court the authority to second-guess the state-issued bill.
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October 23, 2024
Wash. Health System Says HHS Let J&J 'Abuse' 340B Program
A Washington safety net provider claims in a new suit that the federal government let Johnson & Johnson abuse the 340B drug discount program by allowing the manufacturer to pursue an "overbroad" and "intrusive" audit of the provider's drug purchases.
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October 23, 2024
DOJ Bolsters Defense In Pork Price-Fixing Case, Cos. Say
Hormel, Tyson, JBS and other pork producers told a Minnesota federal court that a Justice Department intervention into a private price-fixing litigation actually backs their defense, even though the government took no position on the merits of the case.
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October 23, 2024
Dallas Judge Denies Nightclub's TRO, Citing 'Gamesmanship'
An attorney who owns a Dallas nightclub shouldn't have waited until 6 a.m. Wednesday to alert the city attorney's office about a hearing in the club's effort to stall the city council's vote on zoning approval, a state judge said during the hearing, calling it "gamesmanship."
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October 23, 2024
Fla. College Savings Plan Wasn't Impaired By Fee, Court Told
A Florida agency that administers the state's prepaid college savings program urged a federal judge Wednesday to toss a proposed class action brought by parents alleging their promised benefits were deprived with an additional fee, arguing that they fail to state a cause of action.
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October 23, 2024
Amazon Must Face Drivers' Tip Suit Despite FTC Settlement
A Washington federal judge largely refused Wednesday to toss a proposed class action accusing Amazon of violating Evergreen State laws by withholding portions of drivers' tips, saying the claims are still valid despite the Federal Trade Commission reaching a nearly $62 million deal with the company over the same alleged conduct.
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October 23, 2024
Telecom Group Sues To Cancel FTC's 'Click To Cancel' Rule
A major cable and internet industry group and others sued the Federal Trade Commission Wednesday over its new "click to cancel" rule, asking the Fifth Circuit to vacate the regulation one week after it was adopted in a 3-2 commission vote.
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October 23, 2024
FCC To Probe Broadband, Cable And Phone Customer Service
The Federal Communications Commission is looking to find out how well the broadband, video distribution and phone industries are doing when it comes to customer service.
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October 23, 2024
Pool Seller Gets Claims Trimmed In Child Drowning Suit
A Missouri federal judge has thrown out the bulk of a couple's claims against pool seller Bestway (USA) Inc. over the drowning death of their daughter, dismissing negligence and warranty claims while allowing strict liability claims to go forward.
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October 23, 2024
SoClean Says Philips Can't Stand In For Damaged CPAP Users
SoClean Inc. asked a Pennsylvania federal court to toss Philips RS North America's proposed class-action claims from a multidistrict litigation, arguing that after settling with customers who had to replace their CPAP and BiPAP breathing machines, Philips was really only coming after SoClean on its own behalf.
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October 23, 2024
American Airlines Fined $50 Million For Disability Violations
American Airlines received a $50 million penalty from the U.S. Department of Transportation Wednesday for "serious violations" of disability laws protecting people in wheelchairs, with the department saying the violations included injuring or mishandling disabled travelers, damaging their wheelchairs or failing to return the devices promptly.
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October 23, 2024
Securities Claim Cut From Fraud Suit Against Calif. Developer
A California federal judge trimmed a securities claim from a Sonoma resident's suit against a real estate company embroiled in a fraud scandal and recommended that the rest of the claims be brought in state court.
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October 23, 2024
Roundup Suit Pared As Preemption Claim Sways Mass. Judge
A Massachusetts judge has dismissed portions of a suit claiming a woman's use of the weedkiller Roundup caused her cancer, ruling a federal labeling law preempts her theory that Monsanto failed to warn consumers about the chemical's dangers.
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October 23, 2024
Roche CEO Says Novo-Catalent Deal Should Be Blocked
The CEO of Swiss pharmaceutical company Roche injected himself into the controversy surrounding Novo Holdings' planned $16.5 billion acquisition of Catalent on Wednesday, stating that he thinks antitrust authorities should block the deal due to its anticompetitive implications.
Expert Analysis
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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CFPB School Lunch Focus Could Expand E-Payment Scrutiny
The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Opinion
FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos
A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Ga. Fintech Bank Charter Could Reshape Payments Industry
Georgia’s recent granting of a special banking charter to transaction processor Fiserv, allowing the fintech company to access major card payment networks without a traditional bank as intermediary, could spark a restructuring of the national payments infrastructure and open new possibilities for businesses and consumers, says Jessica Cino at Krevolin & Horst.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.