Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

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Expert Invoices Discoverable In J&J Talc MDL, Judge Says

By George Woolston

A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

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NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal

By Juan-Carlos Rodriguez

New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.

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Mistrial Declared In Fla. Opioid Case Against Pharmacies

By David Minsky

A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

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Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

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Chipotle Bowl Delivered By DoorDash Had 'Rodent,' Suit Says

By Rae Ann Varona

A New York woman has sued Chipotle, DoorDash and one of the food delivery company's "dashers," alleging in a complaint filed in New York state court that she "bit into a rodent" concealed in a burrito bowl she had delivered from the fast-casual restaurant chain.

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Brief

NJ Drugmaker, Chubb Settle $6.5M Defense Costs Suit

By Mark Payne

A New Jersey pharmaceutical company and Chubb have reached a settlement to end a lawsuit alleging the insurer owes nearly $6.5 million in outstanding legal fees stemming from a multibillion-dollar arbitration dispute over the development of a COVID-19 drug, according to a stipulation of dismissal from the companies. 

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Alaska And Juul Settle Vape Youth Suit For $5.8M

By Jonathan Capriel

Juul Labs Inc. has agreed to pay $5.8 million to end claims it targeted young people in Alaska, according to an agreement the state and company signed that requires Juul to adhere to strict marketing and age-verification rules.

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GM Says Air Condition Claims Too Individual For Class Cert.

By Emily Field

General Motors LLC on Monday urged a Michigan federal judge to reject a new request to certify a proposed class of consumers who allege the automaker sold vehicles with air conditioning defects, pointing to recent Sixth Circuit rulings to argue that the claims are too individual to be grouped in a class.

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Cummins Investors Ink $1.6M Deal Over Emissions Fraud Suit

By Sydney Price

Engine manufacturer Cummins Inc. and its investors asked an Indiana federal court to approve a $1.6 million deal that will end claims that the company hurt investors by hiding emissions control devices in certain engines, causing it to owe $2 billion in payments to regulators to settle Clean Air Act claims.

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Florida Bill Seeks To Shield Landowners From Pollution Suits

By Jonathan Capriel

A Florida lawmaker has introduced a bill that would add hurdles to those looking to sue over pollution damages caused by old phosphate mines, giving property owners a new defense to avoid strict liability claims.

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J&J Expert Tells Jury Women's Cancer Can't Be Traced To Talc

By Craig Clough

A University of San Diego gynecologic oncologist told a California jury Tuesday in a bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer that it is "impossible" to conclude why any particular person contracts the deadly disease. 

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States Ask Justices To Curtail Federal Trucking Law Shield

By Y. Peter Kang

Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.

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Rule Update May Mean Simpler PFAS Reports, Faster Timeline

The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.

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How MAHA Is Taking Shape At The State Level

The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.

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AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

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Trustee Says Winston & Strawn Is Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

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Consulting Co. Says Law Firms' Malpractice Cost It $10M

By Rachel Konieczny

A Colorado consulting company told a state court that an Am Law 200 firm and a now-dissolved law firm committed legal malpractice that cost the company $10 million in a lending transaction. 

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Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

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DOJ Says It Could Indict Comey Again

By Jared Foretek

The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

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Analysis

FERC's Fate Uncertain As Humphrey's Executor Teeters

By Keith Goldberg

The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

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Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

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