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From Pennsylvania Record

Consumer advocates, business interests form rare alliance to block American Law Institute project

By Daniel Fisher | May 21, 2019

WASHINGTON - An unusual coalition of consumer advocates and business interests joined to delay and possibly defeat a controversial “restatement” of consumer contract law that critics said presents a misleading picture of how courts are actually deciding cases in the rapidly evolving area of “clickwrap” and “browsewrap” agreements.

New York AG compares climate lawyer to whistleblower in fight over emails

By Daniel Fisher | May 16, 2019

NEW YORK (Legal Newsline) - The New York Attorney General has compared Matt Pawa, the private attorney suing ExxonMobil and other oil companies over climate change, to a whistleblower in filings seeking to seal the record of private emails between Pawa and former New York AG Eric Schneiderman.

House Dems get screening of anti-PFAS movie, seek regulation as trial lawyers and states use litigation

By Daniel Fisher | May 15, 2019

WASHINGTON (Legal Newsline) - Congressional Democrats launched their latest push for blanket regulations on widely used industrial chemicals by screening a highly critical documentary film the night before, where invited guests included a partner at a law firm that has filed a lawsuit that seeks damages on behalf of every U.S. citizen.

Massive Roundup verdict, in wake of EPA ruling, shows how uncertainty and embarrassing emails can trump science

By Daniel Fisher | May 14, 2019

On April 30, the U.S. Environmental Protection Agency declared glyphosate, the active ingredient in the widely used weedkiller Roundup, to be safe. Less than two weeks later, a California jury ordered Bayer AG to pay $2 billion to a couple who blamed their non-Hodgkin's lymphoma on Roundup.

Johnson & Johnson says crucial expert for talc plaintiffs lied on stand

By Daniel Fisher | May 7, 2019

A prolific expert whose testimony is vital to asbestos lawsuits over talcum powder lied on the stand and failed to disclose the questionable history behind his most important samples, Johnson & Johnson said in a motion to dismiss a lawsuit currently in trial in New York.

From Pennsylvania Record

'This doesn't help': Law profs say influential group's take on Internet agreements is based on faulty analysis

By Daniel Fisher | May 1, 2019

PHILADELPHIA - One of the latest projects from a legal group that influences judges relies upon a faulty analysis of case law to support its conclusion that courts have developed new ways to interpret “clickwrap,” “browsewrap” and other standardized consumer agreements, some law professors say in a pair of recent articles.

Opioid judge forgives plaintiffs’ `egregious’ failure to disclose contract with key witness

By Daniel Fisher | Apr 30, 2019

CLEVELAND (Legal Newsline) - It was “egregious” and it was unjustified, but the failure of plaintiff lawyers to reveal they’d put a star witness on the payroll more than a year ago didn’t justify the ultimate sanction of barring him from testifying in an upcoming trial, the judge overseeing federal multidistrict litigation against the opioid industry has decided.

Talc supplier's bankruptcy could be what Johnson & Johnson needs to bring order to costly asbestos litigation

By Daniel Fisher | Apr 29, 2019

WILMINGTON, Del. (Legal Newsline) - Johnson & Johnson has borrowed a page from the legal playbook pioneered by breast-implant manufacturer Dow Corning to try to consolidate thousands of talc lawsuits in a single federal court for resolution.

Pelvic mesh lawyers pressured clients to dismiss cases to avoid costs of trial

By Daniel Fisher | Apr 26, 2019

CHARLESTON, W.Va. (Legal Newsline) - A law firm representing thousands of pelvic mesh plaintiffs gave some of its clients two days to decide whether to dismiss their lawsuits and accept a proffered settlement from Johnson & Johnson, or risk incurring substantial costs preparing for trial.

Was the judge overseeing the $80M Roundup verdict swayed by a public relations campaign against her?

By Daniel Fisher | Apr 25, 2019

Monsanto has appealed a groundbreaking $80 million verdict over its Roundup herbicide, saying the judge committed several serious legal errors and reversed herself on the issue of punitive damages after she was placed on the receiving end of an “extraordinary and coordinated public relations campaign”

With Washington victory, the 'necessity defense' for environmental protesters is gathering steam

By Daniel Fisher | Apr 15, 2019

A Washington appeals court’s decision to overturn the conviction of a man who claims he had no choice but to break into a pipeline facility to save the planet from global warming represents the most important endorsement yet of a legal strategy that once was considered impossible.

Opioid plaintiff lawyers sanctioned over key witness as defendants decry lack of evidence

By Daniel Fisher | Apr 9, 2019

CLEVELAND (Legal Newsline) - Plaintiff attorneys have been sanctioned over their failure to disclose a consulting agreement with a key witness in the opioid multidistrict litigation, as defendant companies complain they are being stonewalled on other evidence critical to the case.

From Pennsylvania Record

Beware of even the fine print, attorneys warn of ALI's insurance law Restatement

By Daniel Fisher | Apr 8, 2019

Beware of even the fine print, attorneys warn of ALI's insurance law Restatement

Okla. AG's $260M opioid settlement could foreshadow future settlements and fights over who gets the money

By Daniel Fisher | Apr 3, 2019

OKLAHOMA CITY (Legal Newsline) - A week after Oklahoma Attorney General Mike Hunter announced a $270 million settlement with Purdue Pharma, lawmakers are questioning why they weren’t consulted on the deal or how to distribute the money.

When it comes to Roundup and cancer, everybody's lobbying the regulators

By Daniel Fisher | Mar 28, 2019

The federal jury that this week ordered Monsanto to pay $80 million for allegedly causing a man’s cancer likely was swayed by internal documents suggesting the unit of Bayer AG had improperly influenced regulators to keep its Roundup weedkiller from being classified a carcinogen.

Legal but illegal: How Illinois shut down a company that played by the rules

By Daniel Fisher | Mar 26, 2019

CHICAGO (Legal Newsline) - As of Oct. 29, 2018, a medical sterilization firm called Sterigenics was in full compliance with state and federal regulations over its use of ethylene oxide, a carcinogen. Then on Oct. 30, it wasn’t.

Multidistrict litigation swamps courts as rules struggle to catch up; Is reform on the way?

By Daniel Fisher | Mar 21, 2019

Multidistrict litigation – sprawling cases sometimes involving thousands of plaintiffs from all over the country – now represents more than half of the civil caseload in federal courts, according to a new survey, yet defendants complain the rules governing them are largely judge-made and haphazardly enforced.

N.C. hog farmers press for reversal of $500M in nuisance verdicts

By Daniel Fisher | Mar 13, 2019

RICHMOND, Va. (Legal Newsline) - North Carolina hog farmers, supported by national farming and manufacturing groups, have asked the U.S. Court of Appeals for the Fourth Circuit to reverse a $50 million nuisance verdict that was the opening shot in litigation that has delivered more than $500 million in verdicts for property owners who say they are being annoyed by noise and smells emanating from nearby farms.

Trump DOJ punishes hedge fund manager who sued drug companies and shorted their stocks

By Daniel Fisher | Feb 7, 2019

The Trump Justice Department, following a tougher policy toward dubious False Claims Act lawsuits by private citizens, has moved to dismiss a pair of lawsuits by a former hedge-fund manager who shorted stock in pharmaceutical companies he accused of a wide-ranging price-fixing conspiracy.

Ahead of talc test, NYC judge gives good news to asbestos defendants

By Daniel Fisher | Feb 1, 2019

The January 31 decision could have especially strong implications for lawsuits over talcum powder

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