A split Ninth Circuit on Tuesday upheld a federal district court's certification of New York and California classes of consumers who bought Bayer Healthcare multivitamin gummies that were allegedly labeled falsely as "natural," finding the company "demands more" from the plaintiffs at this stage of the litigation than certification requires. 
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TOP NEWS

Bayer 'Natural' Vitamin Buyer Classes Affirmed By 9th Circ.

By Craig Clough

A split Ninth Circuit on Tuesday upheld a federal district court's certification of New York and California classes of consumers who bought Bayer Healthcare multivitamin gummies that were allegedly labeled falsely as "natural," finding the company "demands more" from the plaintiffs at this stage of the litigation than certification requires. 

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Lockheed Birth Defect Trial Judge 'Disappointed' By Attys

By Cara Salvatore

A Florida federal judge said Tuesday he's "puzzled and disappointed" in counsel who appear "unprepared" on the eve of trial in a suit by children who blame their birth defects on Lockheed Martin's chemical handling practices at an Orlando defense system manufacturing and research facility.

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Eli Lilly Case Over Weight Loss Drugs Kept Mostly Intact

By Adam Lidgett

A California federal court has refused to throw out a lawsuit from Eli Lilly against a telehealth company and related entities over the compounding of its popular weight loss drugs Mounjaro and Zepbound, but agreed to trim a conspiracy claim from the case.

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Jury Awards $18.4M For Jeep Rollaway Accident Amputation

By Mike Curley

A Minnesota state jury has awarded an $18.4 million verdict to a man who lost his left leg after his 2014 Jeep Grand Cherokee backed over him, while declining to award punitive damages against FCA US LLC.

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Alabama AG Secures $12.2M Roblox Kid Safety Deal

By Emily Field

The Alabama attorney general has announced a $12.2 million deal with popular gaming platform Roblox that would add age restrictions and more parental controls to protect children from online sexual predators.

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Hagens Berman, Others Seek To Co-Lead PFAS Fire Gear Suit

By Dorothy Atkins

Hagens Berman Sobol Shapiro LLP and four other firms have urged a Montana federal judge to appoint them as co-lead class counsel in PFAS firefighter gear litigation by cities and municipalities against 3M, Dupont and others, arguing they were the first to file suit, which inspired multiple "copycat" actions.

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Monsanto, Roundup Users Fight 'Attack' On $7.25B Deal

By Rae Ann Varona

Monsanto and a proposed class that entered into a $7.25B settlement resolving claims linking Roundup to non-Hodgkin lymphoma have urged a California federal court overseeing multidistrict litigation to reject two law firms' "baseless smear campaign" and "attack" on the pending deal, saying the deal falls outside the court's jurisdiction.

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ENERGY

Justices Won't Move Mich. Pipeline Suit To Federal Court

By Keith Goldberg

The U.S. Supreme Court on Wednesday refused to overturn a Sixth Circuit decision that rebuffed Enbridge's efforts to transfer from state court to federal court a lawsuit from Michigan Attorney General Dana Nessel seeking to shut down a pipeline between the U.S. and Canada.

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DRUGS & DEVICES

Chemical Co. Says It Had No Duty To Warn Prior To Suicides

By P.J. D'Annunzio

A chemical company has asked a Pennsylvania federal judge to throw out a lawsuit alleging it is liable for the suicides of two people who used its high-purity sodium nitrite to end their lives, arguing it had no duty to protect its customers' health.

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FOOD & BEVERAGE

Poland Spring Drinkers Renew Class Cert. Bid In False-Ad Suit

By Rae Ann Varona

Purchasers of Poland Spring bottled water have again urged a Connecticut federal judge to certify proposed classes in their lawsuit that claims the former Nestle brand was actually bottling groundwater, setting a proposed class period end date after the judge initially denied their certification request for lacking a date.

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Costco Says '100% Agave' Tequila Suit Belongs In Mexico

By Ben Adlin

Costco has urged a Washington federal judge to dismiss a lawsuit accusing the retailer of falsely labeling its Kirkland Signature tequila as made from pure agave, arguing that a U.S. court exercising jurisdiction over the case would interfere with Mexico's "exclusive sovereign authority to determine what is and is not 100% agave tequila."

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CONSUMER GOODS

Gore-Tex Maker Says 'Harmful' Chemicals Suit Can't Survive

By Bonnie Eslinger

W.L. Gore urged a Delaware federal judge Wednesday to toss a proposed class action claiming the company touts Gore-Tex as environmentally sound while hiding that "harmful" per- and polyfluoroalkyl substances are used to make the fabric, saying the consumers "lack any basis" to claim their garments contain the chemicals.

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Amazon Sold Camp Stove That Burst Into Flames, Buyer Says

By Ben Adlin

A camp stove touted by Amazon as a "#1 Best Seller" allegedly erupted into "uncontrollable flames" and then exploded, leaving a Washington woman with severe burns that required emergency hospitalization, surgery and months of missed work, according to her Washington state court lawsuit.

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Kratom Interests Insist Utah Law Preempted

By Jonathan Capriel

The Global Kratom Coalition and a seller of dietary supplements are urging a federal court to block Utah's law reining in the psychoactive products derived from the kratom leaf, arguing it is preempted by federal food and drug laws.

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TOBACCO

Mass. Justices Reject Additional Rules For Punitive Damages

By Chris Villani

Massachusetts' highest court on Wednesday rejected a bid by Philip Morris USA Inc. to impose rules aimed at curbing big-dollar punitive damages awards, declining to wipe out or further reduce a verdict against the tobacco company that was already slashed from $1 billion to $56 million.  

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AUTOMOTIVE

Hyundai, Kia Face Claims Over Defective Charging System

By Aneeta Mathur-Ashton

A subsidiary of Hyundai Motor Group is facing a proposed class action in New Jersey federal court alleging it sold defective charging units and benefited financially from covering up the problems.

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Tesla Wants Out Of Investor Suit Over Its Self-Driving Goals

By Emilie Ruscoe

Automaker Tesla Inc. seeks to shed a proposed investor class action alleging the company overstated its success developing autonomous driving technology, arguing that it had already defeated "nearly identical allegations" in a California federal court and before the Ninth Circuit.

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TECHNOLOGY

Apple Says Metal Watch Band Not Defective For Getting Hot

By Mike Curley

Apple Inc. is urging a Texas federal court to throw out a suit from a woman alleging she suffered worse burns when she was hit with boiling water because of the metal wristband on her Apple Watch, saying the fact that metal conducts heat is not a defect.

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TRANSPORTATION

Family Files Negligence Suit Over NY Helicopter Crash

By Linda Chiem

The estates of the Barcelona family who died in a helicopter crash over the Hudson River last year have accused the New York tour charter company and its owner of negligently maintaining the helicopter, which broke apart midair, according to a new Manhattan state court complaint.

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EXPERT ANALYSIS

Series

Law School's Missed Lessons: How To Draft Pleadings

Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

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LEGAL INDUSTRY

Norton Rose Faces $100M Suit Over Withdrawn Patent App

By Celeste Bott

Norton Rose Fulbright was sued in Illinois state court Tuesday by an advertising tech company claiming that the law firm mishandled a patent application and caused it to be deemed withdrawn, but kept the company in the dark about the loss of its valuable patent rights for over a year.

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Hunter Biden Blasts Winston & Strawn Tactics In Fee Row

By Emily Sawicki

As a discovery dispute between Hunter Biden and Winston & Strawn LLP drags on amid a suit over allegedly unpaid legal bills, the former president's son accused the BigLaw firm, which once represented him in a Delaware criminal case and other matters, of resorting to "what is uncomfortably close to an ad hominem attack" against him.

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Analysis

Bondi's Proposed Rule Change May Shield Her In Ethics Case

By Phillip Bantz

A federal rule change that Pam Bondi proposed before she was fired as U.S. attorney general could stymie an ethics complaint against her in Florida, which is expected to be refiled after the state bar declined to take up the case during her tenure, experts say.

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Messner Reeves Accused Of $8.3M Trust Account Fraud

By Zach Dupont

Colorado law firm Messner Reeves LLP was hit with a lawsuit Tuesday in federal court from five businesses claiming it stole more than $8 million from them in a fraudulent loan scheme involving a now-defunct sports arena and hotel project in Las Vegas.

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Alston & Bird Says Goliath Investors Can't Claim Malpractice

By Carolina Bolado

Alston & Bird LLP urged a Florida federal court on Wednesday to toss a malpractice suit claiming the firm facilitated a $328 million cryptocurrency scam at Goliath Ventures Inc., arguing that the proposed class of Goliath investors who brought the suit were never clients of the firm.

Motion attached | Read full article » | Save to favorites »

Analysis

House GOP Again Pushes Data Privacy Bill To Override States

By Allison Grande

House Republicans on Wednesday took their latest crack at establishing a cohesive nationwide data privacy framework, floating legislation that would give consumers more control over their personal information while preempting a growing patchwork of state laws, although early criticisms indicate that the issues that have long stymied these efforts persist.

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330+ Groups Urge DOJ To Restore Immigration Aid Staff

By Courtney Bublé

More than 300 legal services providers, faith-based institutions and community groups are calling on the U.S. Department of Justice to fully restore a program that allows nonlawyers to assist low-income and indigent persons in immigration proceedings.

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Acting DOJ Inspector General Tapped For Permanent Post

By Jack Karp

President Donald Trump has nominated the U.S. Department of Justice's acting inspector general, who investigated the FBI's probe into Trump's links with Russia, to remain in that role on a permanent basis, according to a White House announcement.

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Paint Co. Says Injury Firm Used Stolen Data To Solicit Clients

By Abigail Harrison

A paint company has asked a North Carolina federal court to boot the opposing counsel in a putative data breach class action, accusing them of finding stolen data on the dark web and using it to solicit potential plaintiffs before victims were even notified of the breach.

Memorandum attached | Read full article » | Save to favorites »

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Baron & Budd

Blank Rome

Bliven Law Firm

Bracewell LLP

Browning Kaleczyc

Butler Snow LLP

C.A. Goldberg

Chase Law & Associates

Constangy Brooks

Crowley Fleck

Day Pitney

Dechert LLP

Dickinson Wright

Dolan Dobrinsky

Emord & Associates

Farella Braun

Farrar & Ball

Garlington Lohn

Gersowitz Libo

Gibson Dunn

Grant & Eisenhofer

Greenberg Traurig

Hagens Berman

Haug Barron Law Group

Hecht Partners

Heenan & Cook

Holland & Hart

Holland & Knight

Hooper Lundy

Izard Kindall

Jeffer Mangels

Karpf Karpf

Kaster & Lynch

Kaster Lynch

Ketchmark & McCreight

Kirkland & Ellis

Klein Thomas

Kreindler & Kreindler

Law Office of Robert E. Goldman

Lehotsky Keller

Levi & Korsinsky

Lewis Brisbois

Maginnis Howard

Matthew G. Miller PC

Meshbesher & Spence

Messner Reeves

Morgan & Morgan PA

Motley Rice

Nelson Mullins

Norton Rose

Ogden Murphy

Orloff Lowenbach

Orrick Herrington

Pomerantz LLP

Price Parkinson

Quinn Emanuel

Reese LLP

Rennert Vogel

Schwartzbaum PA

Scott & Corley

Seeger Weiss

Seiden Law Group PC

Shaw Lewenz

Shook Hardy

Silver Golub

Sonn Law Group

Soule & Stull

Squitieri & Fearon

Steptoe LLP

Steven Williams Law

Susman Godfrey

Thompson Coe

Thrift McLemore

Venable LLP

Waters Kraus

Weitz & Luxenberg

White & Case

Wilcox Law PLLC

Wilkinson Stekloff

Williams Hart

Winston & Strawn

Young Berman

Young Williams

COMPANIES IN TODAY'S NEWS

3M Co.

Altria Group Inc.

Amazon.com Inc.

American Civil Liberties Union

Apple Inc.

Bayer AG

Botanic Tonics LLC

Bumble Bee Foods LLC

CBS Interactive Inc.

Catholic Legal Immigration Network Inc.

Center for Democracy & Technology

Corteva Inc.

Costco Wholesale Corp.

DuPont de Nemours Inc.

Duke University

Eli Lilly & Co.

Enbridge Energy Partners LP

FCA US LLC

Global Logistic Properties Ltd.

Google LLC

Hyundai Motor Co.

Immigrant Legal Resource Center

Johnson & Johnson

Johnson Controls International PLC

Kenvue Inc.

Kimberly-Clark Corp.

Kwik Trip Inc.

Line 5 LLC

Lockheed Martin Corp.

Mercedes-Benz USA LLC

Meta Platforms Inc.

Monsanto Co.

National Collegiate Athletic Association

National Wildlife Federation

Nestle SA

North Carolina State Bar

Roblox Corp.

Tesla Inc.

The Catholic University of America

The Chemours Co.

The Florida Bar

The J. M. Smucker Co.

U.S. Chamber of Commerce

W. L. Gore & Associates Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City and County of San Francisco, California

Cook County Circuit Court

European Union

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Massachusetts Supreme Judicial Court

National Highway Traffic Safety Administration

National Transportation Safety Board

New York Supreme Court, New York County

Texas Judicial Branch

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Homeland Security

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Delaware

U.S. District Court for the District of Minnesota

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Drug Enforcement Administration

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Montana

United States District Court for the District of Utah

Utah Attorney General's Office

Utah Department of Agriculture and Food