Lawsuit against ConAgra Claims Diacetyl in Microwave Popcorn Butter Flavoring Caused Lung Obstruction

NEW YORK — Wendy R. Fleishmann and Elizabeth Alexander of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein LLP and Ken McClain of the Kansas City, Mo., law firm Humphrey Farrington and McClain P.C. announced May 6 that Agnes Mercado of Queens County, N.Y., has filed...

Supreme Court Accepts Recommendations On Interstate Radioactive Waste Agreement

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 1 adopted recommendations by a court-appointed special master in litigation brought by four states and an interstate commission challenging North Carolina's alleged breach of a radioactive waste management agreement ( State of Alabama...

Chinese-Government-Controlled Drywall Manufacturer to Appeal $2,600,000 Default Judgment to Fifth Circuit

NEW ORLEANS - (Mealey's) A key Chinese drywall manufacturer that had a default judgment for more than $2.6 million entered against it in May finally appeared in federal court June 10, only to serve notice that it is appealing the judgment and all related orders to the Fifth Circuit U.S. Court of...

Glaxo to take $2.36 Billion Charge to Reflect Settlement of Most Avandia and Paxil Product Liability Cases and Other Legal Issues

LONDON - (Mealey's) GlaxoSmithKline PLC (GSK) on July 15 said it expects to take a $2.36 billion charge against earnings to settle several legal issues, including settling "the substantial majority" of Avandia product liability cases and the "vast majority" of Paxil product liability...

Unprecedented Lawsuit Filed against Al-Jazeera TV in S.D.N.Y. by Victims and Families of Victims of Hezbollah Rocket Attacks

NEW YORK - On the fourth anniversary of start of the Lebanese-Israeli War, 91 American, Israeli and Canadian victims of Hezbollah rocket attacks filed an unprecedented lawsuit against the Qatar-based Al-Jazeera television network. The suit, filed July 12 in the U.S. District Court for the Southern District...

Greenhouse Gases (GHG) Regulated under Clean Air Act - Environmental Protection Agency Endangerment Finding Upheld

WASHINGTON, D.C. - (Mealey's) The U.S. Environmental Protection Agency on July 29 denied 10 petitions challenging its Dec. 7 determination that greenhouse gas emissions are a threat to public health and must be regulated under the Clean Air Act. The finding allows the federal government to regulate...

DOJ Brief Supports TVA Request that Supreme Court Vacate 2nd Circuit Reinstatement of Public Nuisance Greenhouse Gas Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Municipal Ban on Tattoo Parlors Facially Unconstitutional under 1st Amendment-Ninth Circuit Holds Tattooing Is Fully Protected/Purely Expressive Free Speech

In a case of first impression, the Ninth Circuit recently addressed whether a municipal ban on tattoo parlors violated the First Amendment. Splitting with several jurisdictions, the Ninth Circuit held that tattooing was purely expressive activity fully protected by the First Amendment and that a total...

Gill v. Office Of Personnel Management: Downfall Of The Defense Of Marriage Act?

By Teresa M. Harkins La Vita This Emerging Issues Analysis analyzes the court's ruling in Gill v. Office of Personnel Management . The author addresses the impact that this decision, out of the U.S. District Court in Massachusetts, may have on the future of the Defense of Marriage Act (DOMA), 1...

New Preemption Exceptions May Broaden State Consumer Protection Law Enforcement

By Oluwaseun O. Ajayi and Kendra C. Kinnaird Stepped-up enforcement of state consumer protection laws in the field of home mortgage lending is inevitable for all types of lenders, including those with federal charters. Federal banks and thrifts, long accustomed to preemption, must plan to comply with...

Do Public Sidewalks Qualify As Services, Programs Or Activities Under Title II Of The ADA?

By Sarah Jones* * J.D. Candidate, 2012, Fordham University School of Law. Excerpt from Walk this Way: Do Public Sidewalks Qualify as Services, Programs, or Activities Under Title II of the Americans with Disabilities Act? , 79 Fordham L. Rev. 2259 (April, 2011) Introduction In November 2004, Elizabeth...

Wachovia, KPMG Reach $627 Million Settlement With Investors

NEW YORK - (Mealey's) In what Wachovia Corp. shareholders' attorneys are calling the single-largest recovery for claims brought "solely pursuant to" the Securities Act of 1933, the shareholders, Wachovia, certain of its affiliates and former officers and directors and outside auditor...