It was a surprising opening move, to say the least. Arguing for the City of New York in its climate lawsuit against five major oil companies, attorney Michael Pawa cited AEP v. Connecticut, a 2009 decision by the U.S. Court of Appeals for the Second Circuit, as “persuasive authority” in his clients’ favor.
NEW YORK (Legal Newsline) - The third season of the wildly popular show "Billions" premiered in March with a mention of an oddly arcane subject: asbestos bankruptcy trusts. The dialogue coming out of the mouth of prosecutor Chuck Rhodes, played by Paul Giamatti, becomes a little less mysterious when you look at who wrote it, however.
NEW YORK (Legal Newsline) – Reform bills that would require asbestos plaintiffs to disclose all potential claims in court appear stalled in the New York legislature, three weeks after former Assembly Speaker Sheldon Silver was convicted for a second time on charges stemming directly from the state’s scandal-prone asbestos court system.
SAN FRANCISCO (Legal Newsline) – California cities suing five of the world’s biggest oil companies said in court filings Thursday that the question of whether fossil fuels are useful to society is irrelevant to whether the companies should pay billions of dollars in damages over climate change.
TALLAHASSEE, Fla. (Legal Newsline) - The latest wave of state lawsuits over the opioid crisis illustrates sharp differences emerging in how governments litigate these cases, both in whom they choose to sue and whether private lawyers stand to get a piece of the action.
SAN FRANCISCO (Legal Newsline) - Lawsuits accusing some of the world’s biggest oil companies of causing climate change face a crucial test Thursday, when a federal judge in California hears arguments on whether to dismiss cases brought by the cities of San Francisco and Oakland.
CLEVELAND (Legal Newsline) - The judge overseeing hundreds of lawsuits against the opioid industry that have been consolidated in federal court said some trials may occur but that litigation is “not a substitute or replacement” for his preferred goal of a comprehensive settlement.
NEW YORK (Legal Newsline) - Johnson & Johnson, fresh from losing a $117 million asbestos verdict in New Jersey, is opposing plaintiff lawyers who are trying to obtain punitive damages against it in a specialized New York court for asbestos lawsuits.
CLEVELAND (Legal Newsline) - The judge overseeing multidistrict litigation against the opioid industry ordered plaintiffs’ attorneys to keep monthly records of the time they spend on their cases down to a tenth of an hour and imposed strict rules on who can collect fees, in an effort to prevent the excesses that have drawn criticism in other class actions and mass tort cases.
SEATTLE (Legal Newsline) - Self-driving cars, machines that teach themselves how to operate and home digital assistants that can enter into legally binding contracts are all either on the market now or soon will be. So the next question is: Whom do you sue when they run amok?
SAN FRANCISCO (Legal Newsline) - Chevron, in a renewed motion to dismiss climate change litigation against it filed by the cities of San Francisco and Oakland, described the case as a futile attempt to get around numerous prior court decisions preventing similar lawsuits over the sale of legal products.
CLEVELAND (Legal Newsline) - The federal judge overseeing hundreds of lawsuits against opioid manufacturers and distributors has ordered a series of bellwether trials starting in 2019 to test disputed legal theories and facts before live juries, all but admitting defeat in his initial goal of crafting a global settlement and solution to the opioid crisis this year.
SAN FRANCISCO (Legal Newsline) – California cities suing ExxonMobil and four other big oil and gas companies have amended their complaint after a federal judge criticized them for portraying an internal memo by an industry association as revealing inside information about climate science that turned out to be merely a summation of findings by the Intergovernmental Panel on Climate Change.
WASHINGTON (Legal Newsline) – The U.S. government wants a seat at the table as lawyers for hundreds of municipalities and other plaintiffs negotiate a potentially multibillion-dollar settlement of lawsuits over the opioid addiction crisis, citing its “substantial financial stake” in the matter and need to recover its own costs.
NASHVILLE, Tenn. (Legal Newsline) - A public fight between the Tennessee attorney general and counties that have filed separate lawsuits against the opioid industry could be the first of many similar conflicts as state AGs try to assert control over mushrooming litigation over the addiction crisis.
SAN FRANCISCO (Legal Newsline) - Five of the world’s largest oil and gas producers filed a motion to dismiss a climate change lawsuit against them by the cities of Oakland and San Francisco even as they prepared to deliver an unusual “tutorial” on climate science to the federal judge overseeing the case.
Arkansas Attorney General Leslie Rutledge was a vocal critic of the aggressive litigation tactics her Democratic colleagues used against the oil industry over climate change. But she’s taken a different approach toward the opioid crisis.
AUSTIN, Texas (Legal Newsline) - The broadest study yet of consumer litigation finance – money forwarded to lawsuit plaintiffs in anticipation of a victory in court or a legal settlement – found a “very complicated and circuitous” system in which some borrowers appear to subsidize others and the median interest rate exceeds 40%.
RIVERHEAD, N.Y. (Legal Newsline) - A New York judge has refused to stay lawsuits by a number of New York counties against opioid manufacturers and distributors, rejecting arguments that the Food and Drug Administration hasn’t yet determined whether narcotic painkillers are unnecessarily dangerous - a central question in any litigation.