Norfolk Southern Sued Over Worker's Lung Cancer Diagnosis

By Jonathan Capriel

A former track laborer claims Norfolk Southern caused his lung cancer after exposing him to carcinogenic chemicals, including benzene, for decades, according to a Pennsylvania state court lawsuit that could be "the first in a wave" filed by former railroad workers, plaintiffs' counsel said.

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Truck Bound By Pact Not To Sue Arbitrator, NY Judge Says

By Caroline Simson

A New York federal judge refused to remove a "side-switching" arbitrator from a dispute over coverage for millions of dollars' worth of asbestos bodily injury claims, ruling that Truck Insurance Exchange's lawsuit is barred under a "hold harmless" pact it inked with the counterparty, a group of foreign reinsurers.

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Economist Concedes Opioid Stats' Limits In Albertsons Trial

By Rachel Riley

Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

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Class Cert. In Avandia MDL Undone For Lacking Stats

By Matthew Santoni

The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

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Smucker's Says It Didn't Claim 'Only' Splenda On Fudge Label

By Mike Curley

The J.M. Smucker Co. is asking a New York federal court to throw out a proposed class action alleging that it misleads consumers by claiming its fudge topping is "Sweetened with Splenda," despite it using other sweeteners, saying the label never claims that Splenda is the only sweetener.

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4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

By Mike Curley

The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

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Nike's Discounts Based On Phony Reference Prices, Suit Says

By Gina Kim

Nike was slapped with a proposed class action in California federal court on Tuesday that accuses it of hawking bogus discounts and savings on footwear and other goods sold online by displaying reference prices that don't reflect the actual prevailing market prices. 

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Mich. Panel Revives Forklift Injury Suit Against Meijer

By Melanie Dorsey

A warehouse worker whose leg was crushed between a forklift and a metal desk at a Meijer Inc. distribution center can proceed with his negligence suit after a Michigan appellate panel ruled a jury must decide whether faulty brakes, inadequate maintenance or his own actions caused the accident. 

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Nintendo Seeks Game Over For Tariff Refund Class Suit

By Jack McLoone

A proposed class action looking to force Nintendo to reimburse customers for increased costs that were explicitly tied to President Donald Trump's now struck-down tariff regime should be handled in arbitration or tossed entirely, the company told a Seattle federal court.

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Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

By Crystal Owens

A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

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Judge Wary Of Philly Firm's Uber, FedEx Antitrust Claims

By P.J. D'Annunzio

A Pennsylvania federal judge on Tuesday appeared doubtful that Uber and FedEx engaged in anticompetitive conduct when they accused Philadelphia injury firm Simon & Simon of a medical records falsification scheme meant to boost injury claims, pointing out during a hearing that the companies and the firm operated different types of businesses.

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High Court To Hear Alaskan Pilot Plane Forfeiture Case

By Mike Curley

The U.S. Supreme Court has agreed to review a case in which the Alaska Supreme Court held that a pilot must forfeit his $95,000 plane to the state for transporting a six-pack of beer in a dry village.

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18 State AGs Sue EPA Over Hydrofluorocarbons Rollback

By Craig Clough

Eighteen Democratic attorneys general and the city of New York filed a petition with the D.C. Circuit Tuesday over a U.S. Environmental Protection Agency rule they argue will weaken federal limits on hydrofluorocarbons, which are refrigerants used in air conditioning and cooling systems.

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High Court Ruling Doesn't Impact Pipeline Fight, 9th Circ. Told

By Keith Goldberg

California and environmental groups have told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional lines has no bearing on their lawsuit challenging the Trump administration's assertion of jurisdiction over an in-state oil pipeline system.

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DC Circ. Backs Nuclear Plant Enviro Review Rules

By Keith Goldberg

The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

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How Competitive Is Your Pay? Last Call To Take Our Survey

Is your compensation keeping pace with the rate of inflation? Do you know what your colleagues made last year? Help Law360 Pulse answer these questions and more in this year's Law Firm Compensation Survey.

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Simpson Thacher Caused 'Chaos' With Deal, Jury Hears

By Cara Salvatore

The former chief financial officer of Patriot National Inc. testified to a Florida jury on Tuesday that "chaos" broke loose as funds that Simpson Thacher helped steward for the insurance services company hit public markets and executives found out that its terms differed from their understanding of them.

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Dems Press Skadden On Trump Pro Bono Pact, Intel Deal Work

By Lauren Berg

A group of Democrats demanded Tuesday that Skadden Arps Slate Meagher & Flom LLP disclose details of its pro bono arrangement with the Trump administration in light of allegations the firm advised both Intel Corp. and the U.S. Department of Commerce when the administration received a 10% company stake.

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Blanche Denies Conflict With Family's Firearms Company

By Courtney Bublé

Acting Attorney General Todd Blanche has close ties through his wife's family to a gun manufacturer that does federal contracting, but he told senators in questions following his confirmation hearing there is no conflict of interest, despite his service on a Justice Department task force aimed at rolling back gun control initiatives around the country.

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Trump, DOJ Sued For Firing Court-Appointed Seattle US Atty

By Bonnie Eslinger

Roger Rogoff, a former Washington state judge who was sworn in as Seattle's new U.S. attorney last week and then swiftly fired by the Trump administration, filed a federal lawsuit Tuesday against President Donald Trump and the U.S. Department of Justice, saying their "attempt to fire him cannot stand."

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Reagan-Appointed NC Federal Judge To Take Senior Status

By Courtney Bublé

U.S. District Judge Terrence William Boyle of the Eastern District of North Carolina plans to take senior status — a form of semi-retirement that gives federal judges a reduced caseload — at a date yet to be determined, according to a recent update from the federal judiciary.

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Senate Confirms Trade Court Pick Despite Past GOP Posts

By Courtney Bublé

The U.S. Senate voted 50-48 Tuesday evening to confirm Kara Westercamp, associate counsel to the president, to the U.S. Court of International Trade, who said during her confirmation in March she regretted her past social media posts critical of Republicans, including Sens. Mitch McConnell, R-Ky., Susan Collins, R-Maine, and the late Lindsey Graham, R-S.C.

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Bronx Public Defenders Set Strike Deadline

By Emily Sawicki

More than 300 unionized workers at legal aid organization The Bronx Defenders are set to walk out on July 27 if they cannot agree on a contract with the legal nonprofit's management, according to a Tuesday announcement.

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