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Consumer Protection
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February 25, 2025
Vape Cos. Want To Stop Iowa Law Banning Some E-Cig Sales
A group of vape companies and users is again asking an Iowa federal court to block a state law banning the sale of some e-cigarette products, saying it is preempted by federal law and the Constitution.
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February 25, 2025
Insurers Owe Chubb $3.3M For Safelite Defense Costs
Two insurers must contribute $1.65 million each toward costs a Chubb unit incurred defending windshield repair company Safelite against a competitor's suit, an Ohio federal court ruled, finding the pair were not prejudiced by breaches of their policies' notice and voluntary payment provisions.
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February 25, 2025
8th Circ. Says Mo. Law Bars $60M Asbestos Coverage Suit
An Eighth Circuit appeals panel affirmed that an insurer could not make arguments in Missouri federal court regarding payment of over $60 million for asbestos litigation because it had been battling its insured "for years" over the same issues in state court.
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February 25, 2025
FCC Hires US House Lawyer As Regulator's Deputy GC
The Federal Communications Commission on Tuesday named a top lawyer from the legislative branch as the agency's new deputy general counsel for litigation.
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February 24, 2025
9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal
The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.
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February 24, 2025
FDIC Scraps 10th Circ. Brief Backing Colo.'s Opt-Out Law
In a pivot, the Federal Deposit Insurance Corp. on Monday withdrew a Tenth Circuit brief that had supported Colorado in industry litigation against the state's "opt-out" law aimed at curbing higher-cost online lending.
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February 24, 2025
DC Judge Wary Of Constutionality Of Musk's DOGE
A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.
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February 24, 2025
FCC Set To Change View On Online Platforms' Liability Shield
The Federal Communications Commission appears ready to make some changes to how it views the legal protections afforded to online platforms for content posted by their users.
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February 24, 2025
SEC Crypto Task Force Wants Input, Commissioner Says
U.S. Securities and Exchange Commission Commissioner Hester Peirce urged firms to bring their input to her Crypto Task Force in a Friday statement that outlined a series of questions the group is grappling with, including the taxonomy of tokens.
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February 24, 2025
Comerica Bank Wants Dismissal Of CFPB's Benefits Card Suit
Comerica Bank has urged a Texas federal judge to toss a suit brought by the Consumer Financial Protection Bureau, accusing the bank of multiple failures in administering a government benefits card program, arguing the case overextends the agency's authority, among other things.
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February 24, 2025
Bigelow Says Class Trial Is On 'Road To Nowhere'
Counsel for R.C. Bigelow Inc. urged a California federal judge Monday to call off an upcoming class action damages trial over the tea-maker's "manufactured in the USA" labels, saying the proceeding would be a "road to nowhere" because of fatally flawed sales data.
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February 24, 2025
Baby Bottle Cos. Get Parts Of Microplastics Suit Tossed
Parents who sued Philips over allegations that microplastics leach from its "BPA free" baby bottles and sippy cups saw their lawsuit partially trimmed, after a California federal judge said that the company's label isn't misleading because it doesn't promise the products are "devoid of all harmful plastic."
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February 24, 2025
Norfolk Southern's Tank Car Co. Liability Claims Head To Trial
An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.
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February 24, 2025
Insurer Needn't Cover Hospital's $2.5M Virus Vax Probe Costs
A Chubb unit has no obligation to pay an Illinois hospital for $2.5 million in legal costs associated with responding to federal and state probes into its COVID-19 vaccine distribution program, a federal court ruled, finding that the policy's $1 million regulatory claims sublimit applies.
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February 24, 2025
'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told
A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.
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February 24, 2025
Robinhood, OpenSea Say SEC Closed Crypto Inquiries
Robinhood said Monday that the U.S. Securities and Exchange Commission "has officially closed" an investigation into its cryptocurrency arm without any enforcement action, joining a growing number of crypto matters the SEC has dropped or paused under the new Trump administration.
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February 24, 2025
PBMs To Challenge FTC Case At 8th Circ., But Without Pause
A Missouri federal judge summarily refused, again, on Monday to temporarily block the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, letting the case proceed while the pharmacy benefits managers appeal to the Eighth Circuit.
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February 24, 2025
Vape Interests Urge 6th Circ. To Halt Kentucky E-Cig Law
A coalition of e-cigarette interests is urging the Sixth Circuit to halt enforcement of a new Kentucky law regulating vaping products while their appeal plays out.
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February 24, 2025
DraftKings Rips 'Flawed' Privacy Suit Over Meta Tracking Pixel
DraftKings Inc. wants a New York federal judge to toss a "fundamentally flawed" suit that accuses the company of disclosing customer information to third parties for targeted advertising, arguing the plaintiff is attempting to expand the Video Privacy Protection Act beyond its intended purpose.
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February 24, 2025
NY Regulator Imposes $20.4M In Fines Against Auto Insurers
New York's insurance regulator announced Monday the agency has concluded a multiyear investigation into auto insurers' failure to report vehicle information to the state Department of Motor Vehicles in a timely manner, resulting in $20.4 million in fines across 37 separate consent orders.
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February 24, 2025
FCA Didn't Forfeit Arbitration Rights In Defect Suit, Judge Says
An arbitrator must decide whether some drivers alleging Fiat Chrysler sold them vehicles with defective engines that shut off during use can pursue their claims, a Michigan federal judge said, finding the automaker didn't waive its right to seek arbitration by attacking the claims' merits before seeing if the drivers' purchase agreements had an arbitration clause.
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
Chinese E-Cig Maker Removes Explosion Suit On Eve Of Trial
A Chinese electronic cigarette maker has removed to federal court a suit alleging that the battery in one of its products exploded, just days before trial was set to start in Texas state court.
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February 24, 2025
Boehringer Ingelheim Wins Illinois Zantac Cancer Retrial
An Illinois state jury swiftly sided with Boehringer Ingelheim on Monday over two men's claims that taking the company's over-the-counter Zantac for decades contributed to their prostate cancer diagnoses, handing each of the men a trial loss after juries in their previous trials had deadlocked.
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February 24, 2025
Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud
A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.
Expert Analysis
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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What To Expect In Crypto Banking After SEC Nixed Guidance
With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.