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Consumer Protection
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October 09, 2024
47 Members Of Congress Urge EPA To Ban Paraquat
Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."
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October 09, 2024
'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients
A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.
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October 09, 2024
Settlement Ends Suit Over 'Unwanted' Insurance Agency Calls
A Georgia-based insurance agency has reached a settlement with a proposed class that accused it of making "aggressive" telemarketing calls to seniors advertising final expense and life insurance products despite the seniors' requests that the calls stop or their status on the national do-not-call list.
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October 08, 2024
Ex-Uber Exec's Actions Smell Like Cover-Up, 9th Circ. Judge Says
A Ninth Circuit panel appeared skeptical Tuesday of Uber's ex-security chief's effort to overturn his convictions for obstructing an investigation into an Uber data breach, with one judge saying the defendant's abrupt changes to Uber's policies "does smell to me like a cover-up."
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October 08, 2024
5th Circ. Urged To Seal Industry Win Over CFPB Exam Policy
The U.S. Chamber of Commerce and other trade groups on Monday defended their Texas federal court win against a Consumer Financial Protection Bureau policy to expand the agency's anti-discrimination oversight, telling the Fifth Circuit that the agency's effort to reverse its loss is revealingly substance-light.
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October 08, 2024
Kimberly-Clark Says Plaintiff Can't Link Tampon To Lead Test
Kimberly-Clark moved Monday to toss a California woman's proposed class action accusing the personal care goods multinational of concealing unsafe lead levels in a line of its U by Kotex tampons, saying the consumer did not even say she used the tampons.
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October 08, 2024
Adobe Slams FTC, DOJ For 'Rewrite' Of Subscription Law
Adobe Inc. blasted a federal government lawsuit over its annual subscription plan and early termination fees on Monday, saying the Federal Trade Commission and U.S. Department of Justice are improperly attempting to "rewrite existing law" with the case.
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October 08, 2024
TMX Unit Can't Sue In Texas To Void $52M Pa. Fine, Court Told
The secretary of the Pennsylvania Department of Banking and Securities has urged a Texas federal judge to toss a suit from an affiliate of consumer lending company TMX Finance, challenging an order from the department seeking more than $52 million in civil penalties over claims tied to loan agreements that allegedly carry interest rates up to 720%.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
FCC Chair Denounces Fla. Officials' Threat Over Abortion Ads
The head of the Federal Communications Commission on Tuesday blasted Florida officials for suggesting broadcast stations could be unlawfully airing ad claims by an abortion rights group.
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October 08, 2024
Albertsons Exec Says No-Poach Deal Never Happened
An Albertsons labor executive Tuesday attempted to rebut Colorado's accusations that the company worked together with Kroger even before its proposed merger to not compete for workers or customers during a 2022 strike, saying any agreements were internal and had nothing to do with Kroger.
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October 08, 2024
Uber Tells 9th Circ. JPML Can't Consolidate Assault Cases
Uber Technologies Inc. urged the Ninth Circuit on Tuesday to find that the Judicial Panel on Multidistrict Litigation and a district judge erred in refusing to enforce Uber's "non-consolidation" clause with passengers, arguing the contractual provision binds federal courts and prohibits the JPML from the centralization of sexual-assault litigation before a single judge.
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October 08, 2024
Justices Cast Favorable Eye On ATF's Ghost Gun Rule
The U.S. Supreme Court on Tuesday appeared to side with the federal government's position that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule regulating so-called ghost gun kits was wrongly invalidated by a lower appeals court, with several justices responding favorably to the feds' arguments.
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October 08, 2024
2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row
A Second Circuit panel affirmed a ruling Tuesday that found eyewear retailer Warby Parker did not infringe 1-800 Contacts Inc.'s trademarks by purchasing ads on search engines using its competitor's keywords.
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October 08, 2024
Congress Urged To Prevent Stalking Via Smart Car
An auto technology trade group asked congressional leaders Tuesday to push through legislation that would allow car connectivity services to cut access to domestic abusers.
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October 08, 2024
DOJ Sues LA Fitness Over Nationwide Accessibility Issues
The U.S. Department of Justice sued gym chain LA Fitness on Tuesday, alleging that it mistreated patrons with disabilities at its nearly 700 locations across the country, including by failing to fix broken pool lift equipment and charging caretakers additional fees.
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October 08, 2024
House Oversight Chair Targets Khan's 'Political Activities'
House Oversight Committee Chairman James Comer, R-Ky., put Federal Trade Commission Chair Lina M. Khan on blast Tuesday for participating in official events held by Democratic lawmakers running for reelection or higher office, castigating the leader of the FTC's Democratic majority for "partisan political activities."
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October 08, 2024
Eggland's Best Says Cage-Free Eggs Are Exactly That
Eggland's Best asked an Illinois federal judge on Monday to toss a suit claiming it misled consumers about the quality of care for its hens and the conditions in which they lived, arguing its cage-free eggs are unquestionably labeled as such and that the plaintiffs "twist themselves into knots" to render the products deceptive.
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October 08, 2024
Broadband Study No Longer Justifies New Rules, Group Says
The end of Chevron deference to agencies means the Federal Communications Commission can no longer use an annual report on the state of broadband deployment to claim new regulatory powers, a free-market group has argued.
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October 08, 2024
Insurer Says Kiwanis Abuse Claims Won't Trigger $35M Policy
An insurer told a Washington federal judge that because its coverage only kicked in at the $35 million level, it should be dismissed from litigation seeking payment of a multimillion-dollar judgment from insurers to resolve child sex abuse survivors' claims against a foster boys home run by Kiwanis International.
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October 08, 2024
Colo. Supreme Court Punts On Transgender Cake Case
The Colorado Supreme Court said Tuesday it couldn't consider the merits of a discrimination case alleging a bakery refused to make a cake to celebrate a customer's gender transition, finding a trial court didn't have jurisdiction to hear the case in the first place.
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October 08, 2024
Industry, Utilities Take Aim At EPA's Drinking Water PFAS Rule
Water utility associations and chemical industry players asked the D.C. Circuit to strike down the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water.
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October 08, 2024
3rd Circ. Preview: Constitutional Rights Fears Top October
Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun.
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October 08, 2024
J&J Greenwashes '100% Plant-Based' Wipes, Suit Says
Johnson & Johnson customers hit the pharmaceutical giant with a putative false advertising class action in California federal court alleging its line of Aveeno makeup removing wipes are not 100% plant-based or environmentally friendly as the package claims.
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October 08, 2024
Google Says Rumble Suit Too Late To Join Ad Tech MDL
Google wants to keep Rumble away from the consolidated litigation targeting the company's advertising placement technology dominance, telling the U.S. Judicial Panel on Multidistrict Litigation that the Canadian video-sharing service's May antitrust lawsuit comes too late and is too different to join in.
Expert Analysis
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How To Avoid Liability When Using Cookie Consent Managers
As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Proposed Legislation May Crack Down On Online Drug Ads
A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law
Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.