Jessica Karmasek News
Delaware firm’s former attorney fires back at claims of stealing client at center of Celgene whistleblower lawsuit
Defendants Guttman Buschner & Brooks PLLC and senior founding partner Reuben Guttman filed a motion to dismiss or, alternatively, for summary judgment Oct. 10. On Friday, the defendants also filed a motion to strike plaintiff Grant & Eisenhofer PA’s complaint in its entirety.
Calif. judge reverses $417 million award in talc powder case
In her Oct. 20 ruling, Judge Maren Nelson for the Los Angeles Superior Court pointed to insufficient evidence on both sides, various errors and some jury misconduct during the trial.
'A Smoking Gun': Internal docs reveal Obama DOJ's slush fund, Judiciary chair says
On Tuesday, the U.S. House of Representatives passed legislation that would prohibit government officials, most notably the DOJ, from entering into or enforcing a settlement agreement on behalf of the United States that provides for a payment or a loan to any person or entity other than the United States, with some exceptions.
U.S. Senate, in late-night narrow vote, rolls back CFPB’s anti-arbitration rule
A resolution of disapproval, striking down the Consumer Financial Protection Bureau’s new anti-arbitration rule, passed 51-50 Tuesday, with Vice President Mike Pence casting the tie-breaking “yes” vote. Only one Republican voted against the resolution.
Attorney: Lawsuit against CFPB's 'unfortunate' arbitration rule helps protect businesses
Joe Rubin, who recently was named senior vice president of government relations and public affairs at Washington, D.C.-based public relations firm MWWPR and who previously served as senior counsel at Arnall Golden Gregory LLP, said the plaintiff groups’ arguments are “very strong.”
Bottled water company, citing letter from state drinking water program, seeks to dismiss proposed class action
Defendant Nestle Waters North America Inc., based in Stamford, Conn., filed its motion in the U.S. District Court for the District of Connecticut Oct. 6.
Industry unhappy with risk of higher verdicts in New York's asbestos court
The order, released in June, holds, among other things, that punitive damages awards are no longer deferred for cases placed on the trial calendar after the CMO’s effective date.
Lawsuit: CFPB’s anti-arbitration rule will mean ‘significant’ costs for businesses
More than a dozen groups, including the U.S. Chamber of Commerce, American Financial Services Association and Financial Services Roundtable, filed a lawsuit Sept. 29 in the U.S. District Court for the Northern District of Texas, Dallas Division, against the Consumer Financial Protection Bureau’s new rule, finalized in July.
Missouri Congresswoman’s bill would kill DOL’s fiduciary rule, create best interest standard for broker-dealers
U.S. Rep. Ann Wagner, a Republican, introduced The Protecting Advice for Small Savers, or PASS, Act of 2017 last week.
Calif. appeals court affirms $3.75 million judgment against cigarette manufacturer
Plaintiff Tajie Major sued several cigarette manufacturers her husband, William, had smoked, as well as manufacturers of asbestos to which he had been exposed, alleging both his smoking and asbestos exposure caused his lung cancer and death.
Calif. appeals court issues ruling on chemical company’s excess insurance policies
At issue before the California Court of Appeal, Second Appellate District, Division 3, is the sequence in which Montrose Chemical Corporation of California may access its excess comprehensive general liability, or CGL, policies to cover its liability for the environmental injuries caused by the chemical dichlorodiphenyltrichlorethane, also known as DDT.
Calif. federal court dismisses alleged ‘professional spammer’ from lawsuit over unsolicited emails
Last week, the U.S. District Court for the Northern District of California granted defendant Panda Mail’s motion to dismiss.
Litigation over length of Subway’s footlong sandwiches to continue; plaintiffs say they plan to pursue case
The plaintiffs filed their notice of termination of settlement agreement days after the U.S. Court of Appeals for the Seventh Circuit’s Aug. 25 decision. The Seventh Circuit reversed the U.S. District Court for the Eastern District of Wisconsin’s decision certifying a proposed class and approving a settlement in the case, calling it “utterly worthless.”
Labor attorney: DOL’s persuader rule would’ve meant ‘real consequences’ for employers
Cozen O’Connor PC attorney Jeremy Glenn, the current co-chair of the American Bar Association’s Federal Labor Standards Legislation committee, said he “wholeheartedly” agrees with the U.S. Department of Labor’s recent move to rescind its so-called “persuader rule.”
Newspaper, Snapchat sued for allegedly taking, using photos without consent
Filed in a Connecticut federal court last week, the lawsuit alleges the photos, taken while the plaintiff was on Miami Beach for spring break, suggest she used drugs and engaged in sexual acts. The plaintiff, a Connecticut college student, contends she never consented to the pictures, which were used in a series of articles about spring break on the defendants’ websites.
Ninth Circuit declines to debar lawyer from submitting claims to asbestos trusts
California attorney Michael Mandelbrot appealed from the U.S. District Court for the Central District of California’s affirmance of an order that enforces a stipulated agreement between him and the J.T. Thorpe Settlement Trust, among others. The trusts, following an investigation, had concluded that Mandelbrot engaged in a pattern of submitting “unreliable evidence.”
Medical device maker seeks U.S. SC review in case over ‘mass action’ removal
Cordis Corp. filed its petition for writ of certiorari, or review, with the nation’s highest court last month. The company, which makes IVC filters, wants the court to reaffirm defendants’ statutory right to remove cases of “national significance” to federal court.
Former sales rep for software maker claims company ‘stonewalling’ case over commission practices
The plaintiff, who in February filed a proposed class action lawsuit against Oracle America Inc., alleges the technology giant now is obstructing the arbitration process.
Missouri SC upholds damages award of nearly $40 million in Depakote lawsuit
Defendant Abbott Laboratories Inc. appealed the City of St. Louis Circuit Court’s judgment awarding plaintiff Maddison Schmidt $15 million in compensatory damages and $23 million in punitive damages for her personal injury claim. Schmidt was born with spina bifida and other birth defects.
Biotech, pharma trade groups argue Nevada law targeting diabetes medicines ‘unconstitutional’
The plaintiffs, Pharmaceutical Research and Manufacturers of America, or PhRMA, and Biotechnology Innovation Organization, or BIO, filed their lawsuit against Nevada Gov. Brian Sandoval and the head of the state’s Department of Health and Human Services in the U.S. District Court for the District of Nevada Sept. 1. They allege Senate Bill 539, signed into law by Sandoval in June, will violate patent rights and negate trade secret protection for designated diabetes medicines.