LexisNexis® Legal Newsroom
Plaintiff Expert Excluded by Eleventh Circuit in First Seroquel MDL Bellwether

ATLANTA - (Mealey's) The sole causation expert for the first bellwether plaintiff in the Seroquel multidistrict litigation failed to rule out other causes of weight gain and diabetes, a panel of the 11th Circuit U.S. Court of Appeals said April 7 in affirming summary judgment ( Linda Guinn v. AstraZeneca...

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...

Video Interview: David Nimmer On Peer to Peer Sharing

This is the first in a series of short videos that will post over the next two weeks. I describe the basic issue behind the peer to peer debate and am curious to get your feedback. Where do you think this whole thing will go? Watch the video here . Don't forget to sign up for the webinar for...

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...

Pfizer Petition for Certiorari Denied by U.S. Supreme Court In Trovan Nigerian Clinical Trial Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 29 rejected Pfizer Inc.'s petition for a writ of certiorari involving the claims of Nigerians allegedly injured during a 1996 Trovan clinical trial in their country, allowing the claims to go to trial in the United States ( Pfizer Inc...

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...

FDA Advisory Committee Votes to Recommend Keeping Anti-Diabetes Drug Avandia On The Market

GAITHERSBURG, Md. - (Mealey's) A majority of Food and Drug Administration advisers voted July 14 to keep Avandia on the market but split on whether the anti-diabetes drug made by GlaxoSmithKline PLC (GSK) should carry additional warnings about its heart risks or that its use be restricted. Twelve...

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...

Historic Moment: 3 Women to Serve Together on Supreme Court as Senate Confirms Elena Kagan

WASHINGTON, D.C. - The Senate voted 63-37 today to confirm Elena Kagan as the 112th justice and fourth woman to serve on the U.S. Supreme Court. Five Republicans, the two Senate independents and all but one Democrat supported President Barack Obama's second appointment to the high court in a year...

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...

J.P. Morgan Securities Agrees To $228 Million Settlement In Muni Bond Reinvestment Action

WASHINGTON, D.C. - (Mealey's) J.P. Morgan Securities LLC (JPMS) has agreed to pay $228 million to settle charges brought by the Securities and Exchange Commission and other state and federal authorities in connection with its fraudulent rigging of at least 93 municipal bond reinvestment transactions...

High Court Ruling Recognizing 'Ministerial Exemption' A 'Resounding Victory' For Religious Organizations

By Darrell VanDeusen In a decision that many are calling a resounding victory for religious organizations, the Supreme Court has unanimously decided that the First Amendment's establishment and free exercise clauses create a "ministerial exception" that bars an ADA lawsuit (and by extension...

Your Business-Related Social Media Platforms Could Be A Ticking Time Bomb

There is a time bomb in your company that you had better defuse. This is true whether you are employee or employer, because when it blows, both sides will be out lots of time and money, including plenty in attorney's fees. Not that we attorneys don't want your money; it's just that some of...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we now address...

Jay Shapiro: The Supreme Court Takes Another Look At Consent Searches & Georgia v. Randolph

By Jay Shapiro This Term, the Court will have the opportunity to state whether its rule in Georgia v. Randolph is restricted to the very specific facts of that case or if there is a broader application of that holding. In Fernandez v. California , the Court examines a situation where the police were...

Steptoe & Johnson PLLC: Pennsylvania Voter ID Law Struck Down

On January 17, 2014, Pennsylvania Superior Court Judge Bernard L. McGinley released his opinion in Applewhite v. Commonwealth (330-MD-2012), in which he overturned Pennsylvania’s voter ID requirement. This marked yet another chapter in what has been a controversial and much-debated issue since...