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9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk

By Patrick Hoff

The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.

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Judge Hints Zantac Makers Likely Stuck With Cancer Risk Suit

By Aaron Keller

Despite parallel litigation in Delaware, a Connecticut judge on Tuesday hinted that he might not be able to dismiss an estate's generic Zantac lawsuit against three brand-name drugmakers over the heartburn medication's alleged link to cancer risk, saying binding precedents allow him to toss similar cases between the same parties only if both cases were filed in Connecticut.

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Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal

By Mike Curley

A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.

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Ozempic, Wegovy Users Want NJ To Host Vision-Loss Suits

By Carla Baranauckas

Twenty-one New Jersey-based plaintiffs who claim they suffered permanent vision loss after taking the blockbuster drugs Ozempic and Wegovy are seeking to consolidate their lawsuits as multicounty litigation against drugmaker Novo Nordisk, citing a growing body of scientific evidence linking the medications to a rare and irreversible eye condition.

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Nissan Asks Justices To Void Certified Sunroof Defect Classes

By Linda Chiem

Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.

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Amazon Sold Bike That Paralyzed Man, Suit Claims

By Jonathan Capriel

A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.

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Tesla Knocks Insurance Deception Claim From Ill. Defect Fight

By Lauraann Wood

A Tesla driver pursuing unfair practice claims over an alleged "phantom braking" defect in the Model 3 has still not sufficiently alleged the electric-car maker knowingly misrepresented its insurance pricing practices, an Illinois federal judge said Tuesday, holding the driver to an omission-based claim she previously allowed to proceed.

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Brief

Delta Nearing Settlement In Jet Fuel Dumping Class Action

By Jonathan Capriel

Delta has reached a deal with a group of Los Angeles homeowners to end a lawsuit against the airline after it dumped jet fuel onto their properties, according to a joint notice.

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AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row

By Ganesh Setty

An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.

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BowFlex Recall Burdens Buyers Of 3.7M Dumbbells, Suit Says

By Mike Curley

A BowFlex buyer is suing the brand's new owner in California federal court, alleging that a recall of defective adjustable dumbbells wrongly leaves out the vast majority of the product's buyers, covering only about 100,000 of the 3.8 million products sold.

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Chicago Smoke Shop Fights License Ban Near Midway Airport

By Mike Curley

A Chicago smoke shop on Monday sued the city over a new ordinance banning the sale of and possession of cannabinoid hemp products, saying an additional clause blocking tobacco licenses in a neighborhood near the Chicago Midway International Airport goes too far.

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Safety Co. Demands Sanctions Over No-Show Witnesses

By Christine DeRosa

Safety inspection company UL LLC has sought $13,500 in sanctions and a court order to compel two Chinese solar companies to produce key witnesses in a dispute over counterfeit UL marks, accusing them of last-minute cancellations and monthslong delays.

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Ill. Increases Sports Betting, Tobacco Tax And Taxes Airbnbs

By Jaqueline McCool

Illinois increased its tax on sports betting and tobacco products and extended its tax on hotel operators to include short-term rentals like Airbnbs and Vrbos under a budget bill approved by the governor.

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How AI May Reshape The Future Of Adjudication

As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

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When Legal Advocacy Crosses The Line Into Incivility

As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

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Justice Jackson Tops Royalties And Trip Disclosures In 2024

By Katie Buehler

U.S. Supreme Court Justice Ketanji Brown Jackon wasn't the only member of the high court to make a stage-related debut in the past year: Justice Sonia Sotomayor had a hand in helping a Missouri theater company create a musical adaptation of one of her children's books, according to financial disclosure forms released Tuesday.

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Fla. AG Held In Contempt Over Defying Migrant Law Order

By David Minsky

A Florida federal judge on Tuesday issued an order holding state Attorney General James Uthmeier in civil contempt for violating a preliminary injunction blocking enforcement of a state law criminalizing the entry of unauthorized immigrants.

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9th Circ. Skeptical Of Blocking National Guard Deployment

By Dorothy Atkins

A Ninth Circuit panel appeared open Tuesday to striking down a temporary restraining order — currently paused — that would block President Donald Trump from sending the National Guard into Los Angeles, with two judges repeatedly citing case law suggesting the president has broad discretion to mobilize the Guard.

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DOJ Urged To Add Prosecutors Amid Threats To Congress

By Courtney Bubl茅

Following the tragic shooting of Minnesota state lawmakers, the top Republican and Democrat on the committee that oversees the U.S. Capitol Police are asking the U.S. Department of Justice to give the force more prosecutorial resources.

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Senate Bill Could Hike Taxes On Litigation Funding Profits

By Courtney Bubl茅

Sen. Mike Crapo, R-Idaho, chair of the Senate Finance Committee, released the committee's budget reconciliation proposal Monday evening, which includes proposed reforms to third-party litigation funding.

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Gemini Says CFTC Enforcement Went 'Trophy-Hunting' In Suit

By Aislinn Keely

The crypto exchange Gemini on Tuesday slammed the U.S. Commodity Futures Trading Commission's Enforcement Division and the attorneys who pursued a now-settled case against the firm, calling the division "out of control" and accusing its attorneys of engaging in "trophy-hunting lawfare."

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Judge OKs Deal To End LeClairRyan Founder Tax Claims

By Rick Archer

A Virginia bankruptcy judge Tuesday approved a settlement striking LeClairRyan PLLC founder Gary LeClair from the list of owners of the defunct firm, relieving him of responsibility for a share of the firm's nearly $21 million in tax liabilities.

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CFPB's Vought Seeks To Limit Use Of Civil Penalty Fund

By Jon Hill

Consumer Financial Protection Bureau acting Director Russell Vought is proposing to restrict the agency's ability to tap its civil penalty fund for consumer education and financial literacy initiatives as part of a trio of draft regulatory changes posted online Tuesday.

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'Is Anybody Home?': Ex-Judge Faces Ethics Case Over Delays

By Emily Sawicki

A former California state appellate justice whose persistent backlog subjected hundreds of cases, including some involving juveniles, to delays of four, five, even eight years is now facing a state ethics proceeding alleging neglect of duty and willful misconduct in office.

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Jeanine Pirro Formally Nominated For DC US Atty

By Courtney Bubl茅

Former judge and Fox News host Jeanine Pirro has been nominated for the full-time U.S. attorney role for the District of Columbia after having been tapped previously for the position on an interim basis.

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Hyundai Dealership Sues Snell & Wilmer Over 'Botched' Filing

By Dorothy Atkins

A Los Angeles Hyundai dealership has hit Snell & Wilmer with a professional negligence lawsuit in California state court, accusing the firm and three attorneys of lying about an allegedly obviously "botched" arbitration motion in underlying litigation and then pursuing a meritless appeal costing Hyundai over $725,000 in unwarranted fees.

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Feature

School's Out: 8 Summer Reading Picks For IP Attorneys

By Theresa Schliep

For busy intellectual property attorneys, summer can present the perfect opportunity to catch up on some reading, whether it's a treatise on contracts in the entertainment sector or a vivid work of science fiction that has the potential to bring new perspective to one's personal and professional lives.

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