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Consumer Protection

  • February 19, 2019

    Judge Limits Evidence For Roundup Bellwether Trial

    A California federal judge has ruled that conflicting reports about the herbicide glyphosate's safety should be excluded from the initial phase of next week’s bellwether trial over claims that Monsanto's Roundup product causes cancer, ruling they would distract jurors being asked to evaluate the scientific evidence in the case.

  • February 19, 2019

    Clyde & Co. Atty Describes Cancer's Shadow In J&J Talc Trial

    A Clyde & Co. attorney took the stand Tuesday to deliver emotional testimony in a California trial over claims that Johnson & Johnson’s baby powder contained asbestos that caused his wife's cancer, telling jurors she struggles with fears that she'll die before their two teenage daughters graduate high school.

  • February 19, 2019

    NIST Cybersecurity Framework Still Going Strong 5 Years On

    A government-created cybersecurity framework has morphed into an unofficial liability shield for a broad range of private industries, and it promises to continue to be influential as the push to develop more formal security standards intensifies, attorneys say.

  • February 19, 2019

    Hertz, ATS To Pay $3.7M To End Golden Gate Bridge Toll Suit

    Hertz and its business partner American Traffic Solutions Inc. will cough up $3.65 million to end a lawsuit that accused the companies of overcharging rental car customers to cross the Golden Gate Bridge.

  • February 19, 2019

    MLB's Rawlings Cries Foul In Baseball Bat False Ad Suit

    Major League Baseball-co-owned Rawlings has asked a California federal court to dismiss a putative class action alleging its children’s baseball bats are heavier than advertised, saying the promotional statements at issue were made by a third-party website that sold the bats.

  • February 19, 2019

    Opt-Out Drivers Can't Remand VW Emissions Suits

    A California federal judge on Tuesday rejected motions for remand from consumers who opted out of Volkswagen’s $10 billion settlement in multidistrict litigation over its emissions-cheating scandal, saying the damages at stake sufficiently clear the threshold for federal court jurisdiction.

  • February 19, 2019

    LLC Plaintiffs Ruling Can't Save Banks From Mass. FCA Suit

    A judge in the Business Litigation Session of Boston's Suffolk County Superior Court ruled Tuesday that a whistleblower suit alleging $100 million in fraudulent charges by multiple banks can move forward with an individual, rather than an LLC, as the new named plaintiff.

  • February 19, 2019

    Wells Fargo Should Pay More After Tech Glitch, Couple Say

    A Washington state couple who lost their home to foreclosure has alleged that Wells Fargo failed to adequately compensate them for improperly denying their application for a mortgage modification after hundreds of applications had been denied due to a software glitch.

  • February 19, 2019

    High Court Won't Hear Fight Over Md. Price-Gouging Law

    The U.S. Supreme Court dealt a final blow Tuesday to a landmark Maryland law aimed at stopping generic-drug makers from price gouging when it refused to review the Fourth Circuit's decision that the law is unconstitutional. 

  • February 19, 2019

    Settlement Ends Kohl's Credit Card Fees Case Before Trial

    Kohl’s and Capital One avoided going to trial in Philadelphia on Tuesday as they agreed to the outline of a deal to end class claims that they charged consumers for a credit monitoring program that allegedly did not always include all of the services the retailer advertised.

  • February 19, 2019

    'Fortnite' Hack Exposed Player Payment Info, Suit Claims

    Epic Games Inc., the company behind online video game "Fortnite," failed to adequately protect players' accounts, opening the door for hackers to steal sensitive information like payment details in a digital breach in 2018, according to a proposed class action filed Friday in Illinois state court.

  • February 19, 2019

    Free Cookie Deal Leaves Crumbs For Consumers, Feds Say

    The U.S. government has urged an Illinois federal court to reject Lenny & Larry's Inc.’s plan to settle a false labeling class action by distributing nearly $3 million in free cookies, saying the plan is nothing more than a promotional opportunity for the cookie maker.

  • February 19, 2019

    Tesla Blasts 'Baseless' Claims In Sudden-Acceleration Suit

    Tesla has asked a California federal court to throw out renewed claims by a South Korean actor and musician that the car maker sold vehicles knowing they abruptly accelerated for no reason and newly added accusations that the automaker defamed the entertainer in defending itself, calling the claims "baseless."

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.

  • February 15, 2019

    Public Storage Class Ignoring Limits In $100M Suit, Judge Told

    Counsel for Public Storage delivered closings Friday in a $100 million California bench trial over claims it tricked customers into buying insurance, arguing that customers' attorneys “have done nothing but flout” the judge’s order to stick to the one certified claim that it uniformly misleads customers.

  • February 15, 2019

    TCPA Challengers Can't Go Around Gov't, High Court Told

    The federal government has jumped into a U.S. Supreme Court fight over the proper channel for challenging the Federal Communications Commission's reading of the Telephone Consumer Protection Act, arguing that private litigants aren't allowed to go around the government to launch collateral attacks on the validity of agency orders. 

  • February 15, 2019

    AbbVie, Eli Lilly Beat Insurer's RICO Suit in Testosterone MDL

    An Illinois federal judge has entered judgment in favor of AbbVie and other makers of testosterone replacement drugs in a Racketeer Influenced and Corrupt Organizations Act suit brought by an insurer, saying there was no evidence the insurer was misled by the companies.

  • February 15, 2019

    3 Questions After EPA's New Water Contamination Action

    As the U.S. Environmental Protection Agency studies the possibility of regulating the levels of per- and polyfluoroalkyl substances in water, states, industry and the public are jostling for influence and preparing for potential new liability concerns in M&A and real estate transactions, as well as court fights over site cleanups.

  • February 15, 2019

    3M, Others Rip PFAS Suit Seeking To Represent 99% Of US

    3M Co. and a group of companies told an Ohio federal court it should toss a suit filed over the potential threats posed by a group of substances called PFAS brought by a man who allegedly wants to represent a class encompassing 99 percent of the country.

Expert Analysis

  • 5 Ways To Reduce Risk Under Ill. Biometric Privacy Law

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    The Illinois Supreme Court's decision last month in Rosenbach v. Six Flags resolves much of the uncertainty about when an individual may bring suit under the Illinois Biometric Information Privacy Act. Now is the time for companies to ensure BIPA compliance, say attorneys with Fenwick & West LLP.

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • An Important Class Issue The High Court Left Unresolved

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    In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

  • Identifying Jurors Who Are Susceptible To The Reptile Strategy

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    A recent survey we conducted suggests that jurors who are most susceptible to the "reptile" strategy — convincing them that the defendant is a threat — can be preemptively identified by gauging their reaction to specific safety concerns, says Christina Marinakis of Litigation Insights.

  • Class Cert. Is Next Frontier Of Data Breach Litigation

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    Much has been written about establishing Article III standing in data breach cases, but the obstacles plaintiffs must overcome to win class certification are less explored. So far, one case — Smith v. Triad of Alabama — offers insight into this somewhat uncharted territory, say Nicole Rekant and Stevan Pardo of Pardo Jackson Gainsburg PL.

  • Where Calif. Privacy Law And Employee Benefits Data Collide

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    For covered businesses, the California Consumer Privacy Act's broad use of the term “consumer” means that the new law could apply to data collected about California residents under health, retirement and other employee benefit plans, say attorneys with Hunton Andrews Kurth LLP.

  • Recent Trends In FTC Consumer Protection Enforcement

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    The Federal Trade Commission is focusing its enforcement efforts on financial services, web services and emerging technologies, data security and consumer privacy, telecommunications, and health care — these five areas represented 88 percent of consumer protection actions in 2017 and 2018, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • 3 Steps To Get Ahead Of ADA Web Accessibility Issues

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    Recent web accessibility cases — like a class action targeting Beyonce's website — highlight the lack of guidance in the Americans with Disabilities Act. But there are a few ways to make web content more accessible and reduce exposure to ADA claims, says Amihai Miron, co-founder and CEO of User1st.