Top News

Industry unhappy with risk of higher verdicts in New York's asbestos court

Jessica Karmasek Oct. 18, 2017, 12:00pm

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.

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.

DOL moves to rescind its persuader rule, citing ‘concerns’ raised by courts and need to review

Jessica Karmasek Aug. 17, 2017, 10:45am

The U.S. Department of Labor’s Office of Labor-Management Standards published its notice in June, explaining it intends to rescind the rule, first published by the DOL in March 2016. The rule, or Persuader Advice Exemption Rule, effectively eliminates the “advice exemption” under the Labor Management Reporting and Disclosure Act.

Second public comment period on DOL’s fiduciary rule ends; some groups say more time is needed for review

Jessica Karmasek Apr. 18, 2017, 1:26pm

The U.S. Department of Labor’s controversial new rule 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.

Texas federal judge issues nationwide permanent injunction against U.S. Department of Labor’s ‘persuader rule’

Jessica Karmasek Nov. 18, 2016, 7:19am

The persuader rule, or Persuader Advice Exemption Rule, was meant to effectively eliminate the “advice exemption” under the Labor-Management Reporting Disclosure Act, or LMRDA. Basically, LMRDA requires employers to report each time they engage a consultant to persuade employees on how to use their collective bargaining rights.

Groups want Third Circuit to enforce Flonase class action settlement against Louisiana AG

Jessica Karmasek Nov. 7, 2016, 2:54pm

The Washington Legal Foundation is among those calling on the U.S. Court of Appeals for the Third Circuit to overturn a Pennsylvania federal court’s decision that, they argue, would undermine class-wide settlements by permitting plaintiff states to file copycat lawsuits despite benefiting from a settlement.

WLF pushes Minn. federal court to strike down U.S. Department of Labor’s ‘persuader rule’

Jessica Karmasek Sep. 19, 2016, 2:33pm

In its brief, the Washington Legal Foundation contends the U.S. District Court for the District of Minnesota erred by holding at the preliminary injunction stage that the plaintiffs’ facial challenge to the Persuader Advice Exemption Rule can succeed only by showing that the rule would be invalid in all of its applications.

WLF to Arkansas federal court: U.S. Department of Labor’s ‘persuader rule’ is too ‘aggressive,’ should be struck down

Jessica Karmasek Aug. 18, 2016, 1:16pm

The Washington Legal Foundation, a D.C.-based public interest law firm, recently filed an amicus brief in Associated Builders and Contractors of Arkansas v. Perez. The foundation, citing a recent Texas federal court ruling, argues the new Persuader Advice Exemption Rule violates First Amendment protections.

Salmonella case brings corporate culpability into focus

Brent Zell Jul. 18, 2016, 9:17am

ST. LOUIS (Legal Newsline) – The question of supervisory liability was recently raised in an appeals court case concerning salmonella in eggs.

Attorney: DOJ's pursuit of Post Office's competitors shows hypocrisy of administration

Jessica Karmasek Jul. 15, 2016, 8:34am

The USPS, which provides similar delivery services as FedEx and UPS, is highly unlikely to be pursued by the U.S. Department of Justice for its possible role in transporting illegal prescription drugs. Legal experts point to the Post Office’s poor financial health and the federal government’s reluctance to enforce rules against themselves.

CDC's new opioid guidelines will be used by plaintiffs bar, WLF says

Jessica Karmasek Mar. 30, 2016, 9:41am

The agency’s final guidelines were released earlier this month, recommending primary care physicians use other therapies for chronic pain and exercise caution when prescribing the prescription drugs. The Washington Legal Foundation says it fears plaintiffs firms, some of which have ties to the guideline development committee, will end up using them in their pending litigation against drug makers.

Public-interest law firm wants Calif. SC to take up, reverse appeals court’s decision in asbestos case

Jessica Karmasek Mar. 23, 2016, 2:02pm

The Washington Legal Foundation filed a brief with the state’s high court this week, contesting the First Appellate District’s January decision upholding a nearly $4 million punitive-damage award against Kaiser Gypsum. WLF argues that lower courts need guidance regarding how they can conduct punitive-damages-only retrials, and that the trial judge in this case denied the defendant a fair trial.