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Consumer Protection
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July 09, 2024
Fifth Third Fined $20M Over Fake Accounts, Auto Loan Issues
Fifth Third Bank will pay a total of $20 million to resolve claims from the Consumer Financial Protection Bureau that bank employees opened accounts for customers without authorization, and forced vehicle insurance onto borrowers who already had coverage.
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July 09, 2024
FTC Says Drug Middlemen Inflate Costs, Squeeze Pharmacies
The Federal Trade Commission said Tuesday that its study of pharmacy benefit managers has shown that six large companies now control 95% of all prescriptions filled in the U.S., allowing them to profit at the expense of patients and independent pharmacies.
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July 09, 2024
NYC Defends Policy Of Shuttering Unlicensed Pot Stores
New York City defended its policy of padlocking stores selling marijuana without a license, saying the stores represent a threat to public health, and it urged a federal judge in Manhattan to reject an injunction sought by more than two dozen targeted retailers.
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July 09, 2024
North Carolina PFAS Plaintiffs Want Cost Study To Stay Public
A class of North Carolina residents who allege Chemours Co. and DuPont discharged wastewater containing so-called forever chemicals into the Cape Fear River is urging a federal judge not to strike and seal their expert's damages report, saying it contains no confidential information that needs to be protected.
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July 09, 2024
Baby Bottle Makers Sued Over Claims Products Are 'BPA Free'
Philips North America and baby product maker Mayborn USA sell baby bottles that contain "considerable amounts of harmful microplastics" despite being advertised as free of the potentially harmful plastic chemical BPA, according to a pair of suits filed in Massachusetts and Connecticut federal courts.
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July 09, 2024
Chicken Buyers' Cost-Saving Deal With Producers Approved
An Illinois federal judge granted final approval Tuesday to settlements direct chicken buyers struck with producers that beat their price-fixing claims at summary judgment or trial, saving them about $1 million in costs they could have otherwise owed the companies.
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July 09, 2024
Gov't Missed Merck Vax Potency Problem, 3rd Circ. Told
Two whistleblowers claiming that Merck & Co. had exaggerated the potency of its mumps vaccine told a Third Circuit panel Tuesday that the U.S. Centers for Disease Control and Prevention's continued purchasing of the vaccine was not proof that the agency knew but didn't care about the alleged deception.
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July 09, 2024
House Dems Seek Info From DOI Over Alleged Shale Cartel
House Democrats sitting on the House Natural Resources Committee penned a letter Tuesday seeking information from the U.S. Department of the Interior concerning eight oil companies accused of colluding with the Organization of Petroleum Exporting Companies to artificially inflate gas prices.
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July 09, 2024
Veriwave Telco Faces FCC Action Over 'Tax Relief' Robocalls
The Federal Communications Commission is moving to block robocalls about purported "tax relief" programs from a Delaware-based telecommunications company, announcing in an order Monday that Veriwave Telco had another 14 days to demonstrate compliance with the agency's rules or risk having downstream providers cut its traffic.
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July 09, 2024
Maryland, SC Tell 4th Circ. PFAS Suits Belong In State Courts
Federal district courts properly determined that lawsuits Maryland and South Carolina filed against 3M over alleged contamination stemming from the manufacture, use and disposal of a wide range of consumer products containing so-called forever chemicals can proceed within their respective state courts, the two states told the Fourth Circuit.
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July 09, 2024
Estate Atty Settles Claims She Stole From Incarcerated Man
A previously incarcerated man has dismissed malpractice claims he filed in Michigan federal court against an attorney, alleging she skimmed money he received from his mother's estate.
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July 08, 2024
Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told
Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws.
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July 08, 2024
Holland & Hart Dodges Deposition Order In Discovery Spat
A Washington federal judge said from the bench Monday that she would not order the deposition of High 5 Games LLC's defense team for alleged discovery misconduct in a class action accusing the company of targeting gambling addicts, ruling the depositions were not crucial to make a case for sanctions.
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July 08, 2024
CFPB Backs Bank In Ill. Customer's 'Schumer Box' Suit
The Consumer Financial Protection Bureau has thrown its support behind an Illinois bank in litigation over allegedly lacking repayment disclosures in its customer credit statements, saying the regulation at issue does not apply to the plaintiff's form of credit.
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July 08, 2024
What's In Boeing's Tentative 737 Max Plea Deal With DOJ
Boeing's willingness to plead guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development is a rare mea culpa from an embattled American aerospace titan eager to rebuild public trust after six years of overlapping government investigations, production pauses and mounting litigation.
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July 08, 2024
Albertsons Looks To Toss 'Naturally Flavored' Cereal Bar Suit
Grocery store chain Albertsons on Monday urged a California federal judge to throw out a proposed class action alleging that it falsely labels its Signature Select cereal bars as "naturally flavored" despite their containing artificial malic acid, saying the packaging, which doesn't claim the bars are free from artificial ingredients, wouldn't mislead reasonable consumers.
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July 08, 2024
Orgs Worry FCC Could Overreach On Network Security
The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.
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July 08, 2024
Wall Street Watchdog Backs SEC In Texas Crypto Market Suit
Wall Street watchdog Better Markets Inc. threw its support behind the U.S. Securities and Exchange Commission on Monday as the agency seeks to thwart an attempt by crypto industry groups to strike down a new rule that expands the definition of "dealers" under securities law.
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July 08, 2024
FDIC Downgrades Green-Focused Bank On CRA Exam
The Federal Deposit Insurance Corp. has dinged Forbright Bank, a sustainability minded bank started by former Democratic presidential candidate John Delaney, over an allegedly "illegal credit practice" tied to a since-discontinued third-party partnership, lowering its latest community lending exam grade.
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July 08, 2024
Clinic Is Liable For Botched Operations, NC Justices Told
A patient claiming she underwent unnecessary and flawed spinal surgery at the hands of a defrocked doctor urged the North Carolina Supreme Court on Friday to let stand a ruling that the practice where he worked and its physicians can be held liable for her treatment.
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July 08, 2024
Texas Anesthesia Co. Can't Pause Or Appeal Suit, FTC Says
The Federal Trade Commission urged a Texas federal court not to pause its suit accusing U.S. Anesthesia Partners Inc. of a monopolistic "roll-up" of Lone Star State anesthesia practices, arguing the company can't appeal an order refusing to toss the case against it.
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July 08, 2024
Ex-Ga. Insurance Chief Wants Lighter Term In Kickback Case
Former Georgia Insurance Commissioner John Oxendine has objected to the government's recommendation that he serve 44 months in prison and pay a $700,000 fine for his role in a multimillion-dollar medical testing kickback scheme, arguing that he is deserving of a lesser sentence.
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July 08, 2024
Patient Says Health System Shares Data With Meta, Google
Henry Ford Health in Michigan was hit with a proposed class action Friday alleging that it shares patients' private health information with third parties such as Meta and Google by allowing the companies to have tracking software embedded in its website, including its patient portal, where sensitive health information is uploaded.
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July 08, 2024
Band-Aid Maker Hid Presence Of PFAS In Bandages, Suit Says
A New York woman slapped the maker of Band-Aid products with a proposed nationwide consumer class action on Friday in federal court, alleging that consumers weren't told of toxic "forever chemicals" in some bandages, which were marketed as made with safe materials.
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July 08, 2024
Conn. Asset Manager Offers Grayscale $2M Out For Ad Suit
A Fairfield, Connecticut-based asset management firm that accused Grayscale Investments LLC of falsely advertising its services in order to lure investors informed the company and the Constitution State court hearing its lawsuit that it would be willing to settle the matter for a just below $2 million payment.
Expert Analysis
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Advisers Can Avoid Gaps In SEC Marketing Rule Compliance
A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.
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Air Ambulance Ruling Severely Undermines No Surprises Act
A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Making Plans For BNPL Consumer Protection Compliance
With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.