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Consumer Protection
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October 18, 2024
Crypto Coder Asks 2nd Circ. To Delay Expert Witness Reveal
The founder of cryptocurrency service provider Tornado Cash urged the Second Circuit on Friday to pause a district court judge's order for him to disclose who he might call as an expert witness at an upcoming money laundering and sanctions trial.
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October 18, 2024
AGs Slam 4th Circ. Bid To Restore NC Abortion Drug Limits
In a joint amicus brief to the Fourth Circuit, a coalition of 17 states and the District of Columbia has said the abortion drug mifepristone is a part of women's reproductive healthcare, assailing the "needless" limits that states including North Carolina have sought to impose on the drug's access.
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October 18, 2024
Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit
3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.
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October 18, 2024
Google Play Store Injunction Paused To Let 9th Circ. Weigh In
A California federal judge on Friday briefly paused his injunction requiring Google to open up its Play Store to competition while the tech giant seeks an emergency stay of the injunction at the Ninth Circuit, where it's appealing a jury verdict that it illegally monopolized the Android app distribution and payment market.
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October 18, 2024
FTC Probing John Deere Over Right-To-Repair Policies
The Federal Trade Commission is investigating concerns that John Deere unlawfully restricts the repair of its farm equipment, as the company continues to face private litigation over its right-to-repair policies.
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October 18, 2024
Off The Bench: Wemby Suit, Antitrust Fights In NASCAR, MMA
In this week's Off The Bench, NBA superstar Victor Wembanyama sues over illicit merchandise bearing his likeness, while antitrust litigation rocks NASCAR and mixed martial arts promotion Bellator.
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October 18, 2024
Class Sues Fisher-Price Over Swing Linked To 5 Deaths
A proposed class of parents is suing Fisher-Price Inc. and its parent company Mattel Inc. over an infant swing recalled last week after five infants died while using it to sleep, alleging that the recall is inadequate and that the company failed to disclose the risks.
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October 18, 2024
Podcast Co. Hit With Class Action Over Unwanted Texts
Financial advice podcast network Earn Your Leisure was hit with a proposed class action Thursday by a Georgia woman who says the company harassed her and other members of the National Do Not Call Registry with soliciting text messages.
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October 18, 2024
Fantasy Sports Sites Crossed Line Into Betting, Suit Says
Yahoo Fantasy Sports, PrizePicks and Underdog Fantasy have been hit with a lawsuit seeking to recover potentially millions of dollars in "pick 'em" bets and other wagers placed by Massachusetts players directly with the platforms, which are not licensed to offer sports betting in the state.
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October 18, 2024
Hemp Industry Group Sues Louisiana Officials Over New Law
Louisiana hemp interests on Friday filed a federal lawsuit against the governor and attorney general challenging a new state law meant to rein in intoxicating hemp products, alleging the new policy runs afoul of the federal law that legalized hemp nationally.
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October 18, 2024
FTC Faces More Pressure To Block $16.5B Novo-Catalent Deal
A dozen advocacy groups are pushing the Federal Trade Commission to block Novo Holdings' planned $16.5 billion purchase of Catalent, arguing that the deal would stifle competition for certain obesity and gene therapy drugs — and that no remedy can fix that.
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October 18, 2024
JPMorgan Says Trial 'Needless' After Couple Loses $20M Suit
JPMorgan Chase Bank NA told a Massachusetts federal judge Thursday there is no need for a two-week trial on the bank's counterclaims after it scored a pretrial win in a suit brought by an elderly couple who said bad investments cost them $20 million.
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October 18, 2024
Tesla Car's Pedestrian Crash Opens NHTSA Death Probe
The National Highway Traffic Safety Administration on Friday said that it is investigating Tesla's self-driving systems after several accidents, including one that struck and killed a pedestrian.
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October 17, 2024
Apple's $20M Watch Defect Deal Lacks Info, Judge Says
A California federal judge has declined to preliminarily approve Apple's $20 million deal to resolve a proposed class action alleging certain Apple Watches have a battery defect that can cause serious injuries, ordering counsel to submit additional information, including details on the lawsuit's maximum value if consumers win at trial.
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October 17, 2024
Monsanto Again Seeks Pause As Seattle PCB Trial Begins
Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.
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October 17, 2024
SEC Fines Broker-Dealer PHX, Sues Rep Over Reg BI Claims
The U.S. Securities and Exchange Commission has fined broker-dealer PHX Financial Inc. and sued one of its registered representatives over claims that the representative improperly advised a handful of retail clients to engage in a trading strategy that caused them massive losses but generated significant fees and commissions for the firm and the representative.
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October 17, 2024
E-Cig Regs Are Congress' Job, Not FDA's, GOP Pols Tell Justices
Republican lawmakers told the U.S. Supreme Court that Congress, not the U.S. Food and Drug Administration, should regulate flavored e-cigarettes, and that the regulator overstepped its authority by banning the sale of the vape products.
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October 17, 2024
'It's The First Amendment, Stupid': Judge Blasts Fla.'s Threats
A Florida federal judge on Thursday blocked the state from threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative, calling the ads political speech that "is at the core of the First Amendment."
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October 17, 2024
Acadia Hid Wrongful Detainment Of Patients, Investor Claims
Behavioral healthcare provider Acadia Healthcare was hit with a proposed securities class action in Tennessee federal court alleging that investors were damaged after The New York Times published an investigative report saying the company detained patients in its psychiatric facilities for financial gain rather than out of medical necessity.
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October 17, 2024
CFPB Sues Vocational School Lender Climb Credit, VC Backer
The Consumer Financial Protection Bureau on Thursday sued an online private student lender and its venture capital backer in New York federal court, alleging borrowers have been duped into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."
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October 17, 2024
CFTC Says Court 'Erred At Every Turn' In Election Betting Suit
The U.S. Commodity Futures Trading Commission told the D.C. Circuit that the district court "erred at every turn" when it allowed trading platform KalshiEx LLC to offer event contracts based on the outcome of U.S. elections.
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October 17, 2024
DC Circ. Scrutinizes New TSA Worker Screening Rule
D.C. Circuit judges on Thursday sought an explanation from municipal airport operators challenging new federal screening rules as a costly burden that saddles them with unconstitutional liabilities, questioning them on how the new rules differ from other requirements for airports.
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October 17, 2024
NTIA Drops 1st List Of Self-Identified 'Build America' Makers
The National Telecommunications and Information Administration has released the first list of self-identifying manufacturers complying with the Broadband Equity Access and Deployment program's Build America, Buy America waiver.
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October 17, 2024
Consumer Groups Back DOT In Airline Fees Rule Fight
Consumer advocates have told the Fifth Circuit that a U.S. Department of Transportation rule requiring airlines to more clearly disclose add-on fees upfront would curtail the industry's trickery in airfare marketing, foster competition and save individual travelers frustration, time and money.
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October 17, 2024
Golf Course Co. Data Breach Claimants Want 4 Cases Merged
The plaintiffs in four separate proposed class actions alleging an Illinois-based operator of golf courses failed to protect customers' information following a data breach have asked an Illinois federal court to consolidate their cases, arguing that their claims arise from the same operative facts.
Expert Analysis
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.