Top News

Lawsuit: CFPB’s anti-arbitration rule will mean ‘significant’ costs for businesses

Jessica Karmasek Oct. 17, 2017, 1:35pm

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

Jessica Karmasek Oct. 5, 2017, 7:30am

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

Jessica Karmasek Sep. 29, 2017, 3:01pm

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

Jessica Karmasek Sep. 28, 2017, 5:13pm

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

Jessica Karmasek Sep. 27, 2017, 4:14pm

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

Jessica Karmasek Sep. 27, 2017, 12:25pm

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

Jessica Karmasek Sep. 26, 2017, 8:15am

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

Jessica Karmasek Sep. 25, 2017, 10:31am

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

Jessica Karmasek Sep. 25, 2017, 8:24am

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

Jessica Karmasek Sep. 21, 2017, 5:36am

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

Jessica Karmasek Sep. 18, 2017, 2:06pm

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

Jessica Karmasek Sep. 15, 2017, 11:47am

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’

Jessica Karmasek Sep. 14, 2017, 4:14pm

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.

Delaware court dismisses Martha Stewart shareholder challenge

Jessica Karmasek Sep. 13, 2017, 3:59pm

The court, in its Aug. 18 opinion, ruled that the 2015 sale of Stewart’s merchandising company to Sequential Brands Group Inc. -- worth more than $350 million -- included the appropriate protective measures.

Proposed class action accuses bottled water company of ‘deceptive business strategy’

Jessica Karmasek Sep. 11, 2017, 2:34pm

A group of plaintiffs filed a complaint in the U.S. District Court for the District of Connecticut last month, accusing Nestle Waters North America Inc. of bottling “common groundwater.”

Plaintiffs, dissatisfied with representation in previous action, sue class action attorney

Jessica Karmasek Sep. 11, 2017, 9:11am

Five plaintiffs filed their lawsuit against Little Rock, Arkansas, law firm Poynter Law Group and attorney Scott Poynter in Orange County Superior Court in June. Poynter filed a removal notice in the U.S. District Court for the Central District of California, Southern Division, last month.

Seventh Circuit, on Volvo ‘pick-off’ case: Timing of offer has no effect

Jessica Karmasek Sep. 7, 2017, 11:20am

The proposed class action, Laurens v. Volvo, is about a car buyer’s disappointed expectations. The dispute, in particular, centers on the difference between Volvo’s model XC90 and the XC90 T8. Both are luxury SUVs, but the XC90 runs on gas, whereas the T8 is a plug‐in hybrid.

TCPA defendants could be looking at longer, more expensive legal battles

Jessica Karmasek Sep. 6, 2017, 1:30pm

The U.S. District Court for the Northern District of Illinois, Eastern Division, recently denied defendant DePaul University’s motion to dismiss a lawsuit brought against it over a series of allegedly unsolicited text messages sent to a man’s personal cell phone.

Seventh Circuit: Settlement in case over length of Subway’s footlong sandwiches ‘utterly worthless’

Jessica Karmasek Sep. 6, 2017, 12:02pm

The plaintiffs in the case alleged foot-long sandwiches sold at Subway restaurants were marketed as being 12 inches in length, when, in fact, they were not. According to their complaint, Subway’s alleged business practices violated state consumer protection statutes.

DOL proposes 18-month delay of fiduciary rule’s full implementation

Jessica Karmasek Sep. 1, 2017, 1:59pm

In June, the U.S. Department of Labor published a Request for Information, or RFI, related to the rule and whether to delay its full implementation. The rule, released in April 2016, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.