WLF Legal Pulse

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Updated: 33 min 49 sec ago

FTC’s Action against “Repetitive” Filing of Citizen Petitions Reflects Expanding Pharma-Sector Enforcement Program

Mon, 10/16/2017 - 9:35am
Featured Expert Column: Antitrust & Competition Policy — Federal Trade Commission By M. Sean Royall, a Partner with Gibson, Dunn & Crutcher LLP, with Richard H. Cunningham, Of Counsel in the firm’s Denver, CO office, and Andrew B. Blumberg, an Associate Attorney in the firm’s Dallas, TX office. On February 7th, 2017, the Federal Trade Commission (FTC) […]
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SCOTUS Seeks Solicitor General’s Views on Apple’s Cert. Petition in Antitrust Suit

Tue, 10/10/2017 - 5:43pm
In an orders list issued today, the U.S Supreme Court invited the Solicitor General of the United States to file a brief expressing the federal government’s views on the petition for certiorari in Apple, Inc. v. Pepper. The case, in which Washington Legal Foundation filed an amicus brief supporting Apple’s request for review, involves a forty-year old […]
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WLF Webinar, October 11, 1:00 PM: Winning Personal Jurisdiction and Venue Battles

Mon, 10/09/2017 - 9:00am
Personal Jurisdiction and Venue Disputes: Succeeding in a Changed Legal Environment Wednesday, October 11, 2017, 1:00-2:00 pm EST To view live on WLF’s Ustream channel, click here. Featuring: James M. Beck, Senior Life Sciences Policy Analyst, Reed Smith LLP, and founder, Drug & Medical Device Law blog Phil Goldberg, Partner, Shook, Hardy & Bacon L.L.P. […]
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Federal Preemption Ruling Flushes Another Eye-Drop Class Action

Fri, 10/06/2017 - 2:49pm
Anyone who’s ever used eye drops has experienced solution overflow. You tilt your head back, pry your eye open, hold the dispenser close to your eyeball, and even though you squeeze very gently, some of the liquid flows onto your cheek. What is your logical next move? Is it to grab a tissue and dab […]
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The Latest on ALI’s Liability Insurance Restatement: Same as it Ever Was

Thu, 09/28/2017 - 3:21pm
When last we addressed the American Law Institute’s (ALI) proposed Restatement, Law of Liability Insurance, we reported that the organization decided at its May annual meeting to table final consideration of the document until 2018. One of the proposal’s chief Reporters, Professor Tom Baker, indicated that he and co-Reporter Kyle Logue would embark on a […]
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D.C. Circuit Once Again Reminds EPA Which Governmental Branch Enacts Laws

Tue, 09/26/2017 - 10:13am
Featured Expert Column – Environmental Law and Policy By Samuel B. Boxerman, Sidley Austin LLP with Katharine Falahee Newman, Sidley Austin LLP In recent years, either when Congress has chosen not to act on certain matters—or arguably does so without sufficient clarity—the Executive Branch has asserted the power to address issues through regulation. These agency […]
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Drunk Suing, Another Round: Court Allows False-Labeling Claim on “Hawaiian Beer” to Proceed

Mon, 09/25/2017 - 9:05am
We have been covering a legal action against Kona Brewing Company (now renamed Broomfield v. Craft Brew Alliance), which is one suit in the larger trend of class actions against breweries alleging misleading or false labeling and advertising.  In that suit, Judge Beth Labson Freeman, who sits on the U.S. District Court for the Northern […]
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Pending High Court Case Tests Congress’s Authority to Detain and Deport Criminal Aliens

Thu, 09/21/2017 - 1:07pm
The US Supreme Court on October 3, 2017 will hear oral arguments for the second time in an important immigration case, Jennings v. Rodriguez.  The Court was unable to reach a decision the first time around, apparently because it divided 4-4 on how to resolve the case.  A key issue in the case is which […]
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No “Daubert”-Style Gatekeeping in Alabama for Expert Testimony Based on Technical or Specialized Knowledge

Mon, 09/18/2017 - 9:00am
Featured Expert Contributor, Judicial Gatekeeping of Expert Evidence By Evan M. Tager, a Partner in the Washington, DC office of Mayer Brown LLP, with Carl J. Summers, an Associate with Mayer Brown LLP. In federal courts, Daubert v. Merrell Dow Pharmaceuticals, Inc. applies not only to scientific testimony but also to technical and other specialized knowledge. […]
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“U.S. v. Martoma”: Second Circuit’s Latest, but Perhaps not Last, Word on Insider-Trading Tippee Liability

Fri, 09/15/2017 - 11:01am
Featured Expert Contributor, Corporate Governance/Securities Law Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law. Matthew Martoma was a portfolio manager at S.A.C. Capital Advisors, LLC, a hedge fund owned and managed by Steven A. Cohen, which had been the subject of numerous insider trading investigations. One of those investigations […]
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Court Ruling in Pharma Case Calls into Question Consumer Expectations Test’s Use in Asbestos Suits

Tue, 09/12/2017 - 10:18am
Featured Expert Contributor, Mass Torts—Asbestos Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA A recent appellate decision rejecting the consumer expectations test for strict liability in a pharmaceutical case calls into question the use of that same test in cases involving low-dose exposures to asbestos.  Trejo v. Johnson & […]
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Rejection of Subway “Footlong” Settlement Highlights Absurd Incentive of Class Actions

Thu, 09/07/2017 - 9:35am
In early 2013, when Australian teenager Matt Corby took to social media to share a photo of his recently purchased Subway “foot long” sandwich next to a tape measure revealing that the sandwich measured only 11 inches in length, he never could have anticipated the “viral” chain of events that he had just set into […]
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Seventh Circuit Judge Posner Rides into the Summer Sunset

Tue, 09/05/2017 - 10:00am
We begin Fall 2017 blogging with an appreciative farewell. This past Friday, September 1, US Court of Appeals for the Seventh Circuit Judge Richard Posner announced his retirement, effective immediately. He served on the circuit for 36 years, having been appointed by President Ronald Reagan in 1981. Judge Posner was a principled skeptic of lawyer-driven […]
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California Supreme Court Expands Scope of Discovery in Representative Actions under Private Attorneys General Act

Tue, 09/05/2017 - 9:20am
Guest Commentary By John F. Querio, a Partner, and Lacey L. Estudillo, an Appellate Fellow, with Horvitz & Levy LLP. On July 13, 2017, the California Supreme Court decided Williams v. Superior Court, which expanded a plaintiff’s discovery rights in actions brought pursuant to California’s Private Attorneys General Act (PAGA).  PAGA permits an employee to […]
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Food Court Follies: Judge Grates Parmesan-Cheese Multidistrict Litigation

Thu, 08/31/2017 - 5:43pm
Thanks to America’s regrettably litigious nature, the “Reasonable Person” is always busy. This prototypically average, ordinary human being is routinely called upon in legal disputes governed by common-law tort principles and asked: What would you think or do in this situation? One strain of litigation—consumer-fraud class actions—has kept the Reasonable Person especially occupied in recent […]
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Florida Supreme Court, Casting Separation of Powers Aside, Invalidates Medical Malpractice Damages Limits

Tue, 08/29/2017 - 4:12pm
Guest Commentary By Andrew S. Bolin, Beytin, McLaughlin, McLaughlin, O’Hara, Bocchino & Bolin, P.A. In 2003, the Florida Legislature undertook the arduous task of examining the impact of medical malpractice lawsuits in the State of Florida. Governor Jeb Bush appointed a Select Task Force on Healthcare Professional Liability Insurance that consisted of a distinguished group […]
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Ambiguity Eclipses Clarity in Two Post-“Spokeo” Standing-to-Sue Decisions

Mon, 08/28/2017 - 9:05am
In addition to an America-only total solar eclipse, August brought us a remarkable flurry of significant federal appeals court decisions. Among those decisions were two that addressed a hotly contested procedural issue: plaintiff’s standing to sue for violation of a federal statute. The rulings, both of which interpreted and applied the 2016 US Supreme Court […]
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High Court Must Review ESA Decision that Endangers Ability to Appeal Agency Actions

Thu, 08/24/2017 - 4:44pm
A group of Louisiana landowners is asking the Supreme Court to review a US Court of Appeals for the Fifth Circuit decision that dramatically expands the scope of the Endangered Species Act (ESA).  Weyerhaeuser Co. and Markle Interests, L.L.C.. v. U.S. Fish and Wildlife Service.  Their concerns are well-justified; the appeals court upheld land-use restrictions […]
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Food-Court Follies: Fraud Suits Fall Apart after Plaintiffs’ Candid Admissions During Discovery

Fri, 08/18/2017 - 11:42am
As many people learned from watching legendary radio and TV show host Art Linkletter (or from simply being parents), kids say the darnedest things. Similarly, those of us who follow class actions alleging misleading labeling of consumer goods have discovered that adult plaintiffs can say the darnedest things, too. Three plaintiffs’ candid admissions during their […]
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Class Actions Clothed in Righteousness: Appeals Court Rejects Bargain-Hunters’ Suits for Lack of Injury

Tue, 08/15/2017 - 1:08pm
By Abbey Coufal, a 2017 Judge K.K. Legett Fellow at Washington Legal Foundation who will be entering her third year at Texas Tech University School of Law in the fall. Bargain shopping is not for the weary, but there is something thrilling about combing through items on tightly-packed circular racks, with the hope of hunting […]
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