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Updated: 2 hours 33 min ago

Update: Second Circuit Upholds Dismissal of Absurd Diet-Soda Class Action

Thu, 04/18/2019 - 11:43am
Nearly a year ago in Neither Reason nor Science Supports Class Actions against Diet Soda Makers, we applauded the dismissal of several copycat class-action lawsuits alleging that because the word “diet” in “diet soda” implies the beverage aids in weight loss, companies like Pepsi and Dr. Pepper were misleading consumers. Consumers were misled, the suits asserted, …

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In Climate Suits, Cities Ask Judges to Start a Primitivist Revolution

Thu, 04/11/2019 - 11:10am
To illuminate a modest living room for three hours a night for two months, you would need about a million lumen-hours of light. Now consider three inflation-adjusted numbers. One: in 1800 a subject of George III could get that much light for around £9,500. Two: in 1900 a subject of Queen Victoria could get it …

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Update: Supreme Court to Decide Whether the CWA Regulates Discharges through Groundwater to Waters of the United States

Wed, 04/10/2019 - 1:31pm
Sam Boxerman, Featured Expert Contributor, Environmental Law and Policy As we anticipated in our post last year, the Supreme Court has granted a petition for a writ of certiorari from the Ninth Circuit in County of Maui v. Hawaii Wildlife Fund. The justice will decide whether the Clean Water Act (CWA) regulates discharges through groundwater that reach a water …

Continue reading Update: Supreme Court to Decide Whether the CWA Regulates Discharges through Groundwater to Waters of the United States

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Government’s Authority to Unilaterally Dismiss Qui Tam Fraud Suit Faces Court Test

Tue, 04/09/2019 - 9:32am
Last week, the United States filed its long-awaited motion to dismiss a major False Claims Act (FCA) lawsuit filed in the Northern District of California, U.S. ex rel. Campie v. Gilead Sciences, Inc. The Government argued that dismissal was warranted “to avoid the additional expenditure of government resources on a case that it fully investigated …

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Proposed Federal Alcohol Labeling Revisions Retain Constitutionally Suspect Review Standards

Mon, 04/08/2019 - 12:33pm
On November 26, 2018, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published an extensive proposed rule that seeks to “reorganize and codify [labeling and advertising] regulations in order to simplify and clarify regulatory standards … and reduce the regulatory burden on industry members where possible.” The agency is accepting public comments on the …

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The First Amendment in the Supreme Court: “Scandalous” Copyrights and Labor Unions

Mon, 04/08/2019 - 9:00am
Megan Brown, Featured Expert Contributor, First Amendment By Megan Brown, a Partner with Wiley Rein LLP, with Boyd Garriott, Jeremy Broggi, and Wesley Weeks, Associates with the firm.*  Wiley Rein LLP attorneys authored the two amicus briefs discussed in this post.  The firm has long participated in cases involving core First Amendment issues, particularly as …

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Supreme Court’s DeVries Decision Doesn’t Spell the End of “Bare Metal” Defense in Asbestos Cases

Fri, 04/05/2019 - 12:07pm
Featured Expert Contributor, Mass Torts—Asbestos Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA Last month, the United States Supreme Court rejected the “bare metal” defense to products liability claims in maritime cases.  Air & Liquid Systems v. DeVries, No. 17-1104, 2019 WL 1245520 (U.S. Mar. 19, 2019).  Some have …

Continue reading Supreme Court’s DeVries Decision Doesn’t Spell the End of “Bare Metal” Defense in Asbestos Cases

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Honest Services Fraud Back in the Spotlight with “Operation Varsity Blues”

Thu, 03/28/2019 - 12:22pm
Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with Stanley L. Garnett, a Shareholder in the firm’s Denver, CO office. The charges federal prosecutors have filed in the “Operation Varsity Blues” college-admissions corruption scandal have thrust …

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Third Circuit Builds on Post-Spokeo “Bare Procedural Violation” Standing Jurisprudence

Wed, 03/27/2019 - 11:33am
Featured Expert Contributor—Civil Justice/Class Actions Frank Cruz-Alvarez, a Partner in the Miami, FL office of Shook, Hardy & Bacon L.L.P., with Erica E. McCabe, an Associate in the firm’s Kansas City, MO office. On March 8, 2019, the U.S. Court of Appeals for the Third Circuit, in Kamal v. J. Crew Grp., Inc., et al., …

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Third Circuit Limits the FTC’s Authority to Challenge Ceased Conduct

Wed, 03/20/2019 - 4:30pm
Featured Expert Contributor, Antitrust & Competition Policy — Federal Trade Commission M. Sean Royall, a Partner at Gibson, Dunn & Crutcher LLP, with Richard H. Cunningham, a Partner and Emily Riff, an Associate, both with the firm. For a printer-friendly version of this post, click here. On February 25, 2019, the Third Circuit issued a …

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Mr. Hinman’s Metaphysics: Some Thoughts on Reexamining the Utility Token

Tue, 03/19/2019 - 10:52am
Featured Expert Contributor, Legal & Regulatory Challenges for Digital Assets By Daniel S. Alter, a Shareholder in the New York, NY office of Murphy & McGonigle P.C. A common criticism of Sigmund Freud is that he built a theory of the human psyche based largely upon experiences of the mentally ill.  The U.S. Securities and …

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Update: Second Circuit Affirms Dismissal of “Diet Sodas Cause Weight Gain” Class Action

Mon, 03/18/2019 - 11:26am
Last May on the eve of Memorial Day, we wrote about a Southern District of New York decision dismissing a class action against Pepsi-Cola. On Friday, March 15, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a Summary Order (which has no precedential value) affirming the lower court’s decision. …

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This Justin: Timberlake Out of Suit but False-Labeling Action against Bai Beverage Mostly Survives

Thu, 03/14/2019 - 1:29pm
Here at the WLF Legal Pulse, we routinely discuss class-action lawsuits filed against consumer-product makers, especially those who manufacture packaged foods. Plaintiffs’ lawyers have been clogging the aisles of grocery stores for years dissecting food labels for any possible regulatory misstep and perhaps signing up new clients in the process. We could write far more …

Continue reading This Justin: Timberlake Out of Suit but False-Labeling Action against Bai Beverage Mostly Survives

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Update: Pre-Approval Requirements Announced for Federal Wire Act Prosecutions

Mon, 03/04/2019 - 10:13am
Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with William E. Moschella, a Shareholder in the firm’s Washington, DC office. We recently posted about the Department of Justice’s new take on what the federal Wire Act …

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U.S. Government Should Champion Foreign-Commerce Authority in Washington Export Terminal Legal Dispute

Thu, 02/28/2019 - 9:33am
Lighthouse Resources, Inc. v. Inslee, a federal lawsuit of great national consequence pending in the U.S. Court of Appeals for the Western District of Washington (here and here are our past posts on it), has reached a critical point after a year of pre-trial developments. In its January 3, 2018 complaint, Lighthouse Resources (LHR) and …

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Children’s Crusade for Judicially Managed Climate Regulation Stalls in Federal Court

Mon, 02/25/2019 - 9:05am
One act in the nationwide climate-litigation sideshow recently got the proverbial hook from a Pennsylvania-based federal judge. From chambers that are fittingly just around the corner from Independence Hall in Philadelphia, Judge Paul S. Diamond refused to “make the Executive a subsidiary of the Judiciary,” which is exactly what the plaintiffs in Clean Air Council, …

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Love Regulation or Hate It, the National Debt Is Not Your Friend

Thu, 02/21/2019 - 2:36pm
By the end of the reign of Trajan, in what would later be called AD 117, the impending decline of the Roman Empire could be seen by anyone who looked closely at the coins. In the days of Nero, a half-century before, more than nine parts in ten of a denarius was silver. When Trajan …

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A Material Change: FCA Defendants Confront Altered Pleading Standard in Ninth Circuit after Rose and Campie

Thu, 02/21/2019 - 9:00am
Featured Expert Contributor, False Claims Act Stephen A. Wood, Chuhak & Tecson, P.C. In 2016 the U.S. Supreme Court handed down its decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), a watershed in False Claims Act jurisprudence.  The Petitioner asked the Court to decide whether the …

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Justice Department Revisits the Wire Act but Stays Enforcement, for Now

Wed, 02/20/2019 - 9:00am
Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with William E. Moschella, a Shareholder in the firm’s Washington, DC office. On January 14, 2019, the Department of Justice quietly released a new Office of Legal Counsel …

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Will a SCOTUS Grant in Berkheimer v. HP Finally Get Alice Out of Wonderland?

Tue, 02/19/2019 - 1:51pm
Featured Expert Contributor, Intellectual Property—Patents Jeffri A. Kaminski, Venable LLP The future of patent-infringement challenges under 35 U.S.C. § 101 may be in the hands of the Solicitor General of the United States. The defendant in Berkheimer v. Hewlett Packard petitioned the U.S. Supreme Court to grant certiorari and overturn a U.S. Court of Appeals …

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