Foley & Lardner LLP: 8th Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

By Jacqueline N. Acosta In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act (FCA) by marketing their pain pumps for harmful off-label uses. United States ex rel. Paulos...

Ballard Spahr LLP: Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

By the Consumer Financial Services Group A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat class actions brought under...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Laws Can Have Significant Implications

By Roger D. Winston, Shelah F. Lynn, Timothy P. Martin and Katherine M. Noonan A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...

Babst Calland: Public Utility Commission Appeals Pennsylvania Act 13 Ruling

By Lawrence H. Baumiller ‘ The Pennsylvania Public Utility Commission appealed the Commonwealth Court’s July 17, 2014 Opinion and Order in the Act 13 case, which resolved a number of issues remanded by the Supreme Court [ enhanced opinion available to lexis.com subwscribers ]. Review...

Williams Mullen: Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

By Turner A. Broughton and Lauren M. Wheeling In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“ Halliburton II ”), the United States Supreme Court addressed two securities class action issues[ enhanced opinion available to lexis.com subscribers. : lexis.com...

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, August 20, 2014

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Deceased Smoker’s Daughter Testifies About His Smoking In Florida Wrongful Death Case (Watch The Video)

FORT LAUDERDALE, Fla — (Mealey’s) The daughter of a deceased smoker testified in a wrongful death action in state court Aug. 19 that her father “was always smoking” and “was always trying to quit” ( Heather Irimi, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2008...

Deceased Smoker’s Daughter Testifies About Quitting Smoking Attempts In Florida Case (Watch The Video)

FORT LAUDERDALE, Fla.— (Mealey’s) The daughter of a deceased smoker testified in a wrongful death action in Florida’s 17th Judicial Court for Broward County Florida on Aug. 20 that her father was unable to quit smoking because he was addicted to cigarettes ( Heather Irimi, et al. v...

California Official Reports: Electronic Advance Sheet – Court Opinions For Friday, August 22, 2014

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California Official Reports: Electronic Advance Sheet – Court Opinions For Monday, August 25, 2014

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Florida Woman Testifies About Unsuccessful Attempts To Quit Smoking (Watch The Video)

FORT LAUDERDALE, Fla — (Mealey’s) A Florida woman who alleges that her laryngeal and lung cancer was caused by years of smoking cigarettes testified Aug. 22 that she made numerous attempts to quit but was unsuccessful until her laryngectomy made it physically impossible for her to smoke ...

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not bound by the terms’...

Ballard Spahr LLP: Government Agencies Release Further Accommodations to Organizations Opposing Mandated Contraceptive Coverage

By Jean Hemphill and Brian Pinheiro In response to the recent U.S. Supreme Court decision in Burwell v. Hobby Lobby, Inc., [ enhanced opinion available to lexis.com subscribers ], the U.S. Departments of Health and Human Services (HHS) and Labor (DOL) published proposed rules on August 22, 2014, expanding...

HeadsUp for Washington State: Court Opinions For Monday, August 11, 2014

Monday, August 11, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. Division One of the Court of Appeals filed 4 new published...

HeadsUp for Washington State: Court Opinions For Tuesday, August 12, 2014

Tuesday, August 12, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. Division Two of the Court of Appeals filed 1 new...

HeadsUp for Washington State: Court Opinions For Thursday, August 14, 2014

Thursday, August 14, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. The Supreme Court of Washington filed 2 new opinions...

California Official Reports: Electronic Advance Sheet – Court Opinions For Tuesday, August 26, 2014

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HeadsUp for Washington State: Court Opinions For Monday, August 18, 2014

Monday, August 18, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. Division One of the Court of Appeals filed 1 new published...

HeadsUp for Washington State: Court Opinions For Tuesday, August 19, 2014

Tuesday, August 19, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. Division Two of the Court of Appeals filed 4 new published...

HeadsUp for Washington State: Court Opinions For Thursday, August 21, 2014

Thursday, August 21, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. The Supreme Court of Washington filed 5 new opinions...

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, August 27, 2014

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HHS Issues Alteration To ACA Contraceptive Mandate Accommodation Rule

WASHINGTON, D.C. — (Mealey’s) Eligible employers opposed to Patient Protection and Affordable Care Act (ACA) provisions mandating insurance coverage for contraceptives may notify the U.S. Department of Health and Human Services (HHS), which will in turn notify the employer’s insurer...

Closing Arguments Center On ‘Addiction’ Issue In Florida Smoking Case (Watch the Video)

FORT LAUDERDALE, Fla. — (Mealey’s) Closing arguments got under way Aug. 26 in Florida’s 17th Judicial Circuit Court for Broward County in a suit alleging that a longtime smoker’s March 2013 death was caused by smoking cigarettes ( Heather Irimi, et al. v. R.J. Reynolds Tobacco...

Tobacco Companies Say Smoker Was Not Addicted In Florida Case Closings (Watch The Video)

FORT LAUDERDALE, Fla. — (Mealey’s) Closing statements by attorneys for three tobacco companies wrapped up on Aug. 27 in the Florida 17th Judicial Circuit Court for Broward County in a suit alleging that a longtime smoker’s death in March 2013 was caused by his smoking ( Heather Irimi...

California Official Reports: Electronic Advance Sheet – Court Opinions For Thursday, August 28, 2014

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