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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Split 9th Circ. Revives Part Of Sprout Baby Food Label Suit
A California couple suing Sprout Foods over nutrient statements on its baby food pouches can pursue a Golden State law claim but not fraud-based claims, a split Ninth Circuit panel ruled Friday, saying federal law doesn't preempt the state's labeling standards, but the parents haven't shown the products were misleading.
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June 28, 2024
The NFL Lost Big: What Happened, What Happens Next
A California federal jury's rebuke of the NFL's Sunday Ticket broadcast package has the league staring down a $4.7 billion class action verdict, prompting experts to wonder why the league was willing to risk a jury trial in the first place and how it will try to overturn the verdict now that it lost.
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June 28, 2024
ITC Advances Probe Into Chinese Disposable Containers
The U.S. International Trade Commission on Friday advanced an investigation into Chinese imports of disposable aluminum containers, pans, trays and lids after finding that the imports were potentially injuring domestic manufacturing.
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June 28, 2024
Off The Bench: NFL's Big Loss In Court, NBA Agent Spat
In this week's Off The Bench, a jury delivers the NFL a $4.7 billion punch to the gut, an NBA agent looks to get paid for work that was credited to Rich Paul, and the Arizona Cardinals try to get a former executive's defamation claims sent to arbitration.
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June 28, 2024
EEOC Says Claims Of Trans Worker's Harassment Are Valid
The U.S. Equal Employment Opportunity Commission urged an Illinois federal court to keep afloat its suit accusing a hog farm of allowing its president and a worker to harass a transgender female employee, saying it put forward enough details to back up its claims.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
CBD Cos. Say Iowa Hemp Law Could Destroy State Industry
A slew of hemp retailers, farmers, manufacturers and distributors urged a federal judge to block a law allowing the state to impose new rules over the hemp industry, set to go into effect Monday, saying the regulations would wipe out "the entire consumable hemp industry in Iowa."
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June 27, 2024
Colo. AG's Kroger Merger Suit Survives Dismissal Bid
A Colorado state judge has refused to toss a suit challenging Kroger's planned $24 billion purchase of Albertsons, rejecting the grocery chains' arguments that state enforcers are asking for an overly broad, nationwide injunction by seeking to block the deal.
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June 27, 2024
GoodPop Says Rival Misleads With '100% Real Fruit' Claim
The makers of GoodPop popsicles sued rival Jonny Pops LLC on Thursday, saying that despite Jonny Pops advertising its products as being made with "100% real fruit" and healthy "simple ingredients," the pops are mostly water and added sugar well beyond what is healthy for children or adults.
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June 27, 2024
SD State's Atty Agrees Not To Enforce Hemp Law
A South Dakota hemp company challenging a new state ban on the processing of hemp derivatives into intoxicating products has agreed to drop its claims against a local state's attorney in exchange for her agreement not to enforce the policy while the lawsuit plays out.
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June 27, 2024
NFL Hit With $4.7B Verdict In Sunday Ticket Antitrust Trial
A California federal jury handed the National Football League and its teams a stunning courtroom defeat Thursday by awarding two classes of DirecTV Sunday Ticket subscribers about $4.7 billion in total damages in an antitrust trial over claims they illegally pumped up the price of the sports broadcast package.
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June 27, 2024
Whole Foods, Hain Want Full 5th Circ. Review Of Baby Food Suit
Whole Foods Market Inc. and Hain Celestial Group Inc. are urging the full Fifth Circuit to review a decision remanding a suit against them alleging Hain's baby food caused the mental and physical decline of a toddler, saying the panel ignored both Fifth Circuit and Supreme Court precedent to remand the case after a final judgment in federal court.
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June 27, 2024
Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit
A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.
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June 26, 2024
NFL Sunday Ticket Trial Goes To Jury With $21B At Stake
Counsel for the NFL and DirecTV Sunday Ticket subscribers suing the league for billions of dollars made their closing arguments Wednesday in a California federal jury trial, with the customers' attorney saying the NFL didn't play fair and violated antitrust laws, while the league's lawyer said no conspiracy or illegal monopoly exists.
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June 26, 2024
Justices Leave Blurry Line In Place On Misinformation Fight
The U.S. Supreme Court's decision Wednesday to reverse a Fifth Circuit order prohibiting the Biden administration from joining with social media platforms to fight misinformation leaves an important First Amendment question unanswered and left Missouri's attorney general promising a continuing fight against what he called a "censorship regime."
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June 26, 2024
Baby Bottle Cos. Face False Ad Suits Over Microplastics
Philips North America and Handi-Craft face a pair of proposed class actions filed Tuesday in California federal court alleging they misled customers into thinking their sippy cups and baby bottles were "BPA free" and therefore safe for use, despite that heating them could cause harmful microplastics to leak into food and drinks.
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June 26, 2024
3rd Circ. Won't Revive Distillery Investor's RICO, Secrets Case
The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.
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June 26, 2024
Subway Franchisor Must Keep Paying Co. During Arbitration
A New York federal judge has granted a development company's petition to confirm an arbitrator's order requiring the Subway sandwich chain's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual dispute.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
Pilgrim's Pride Settles Grower Pay Antitrust Case
An Oklahoma federal judge hit the brakes Wednesday on a lawsuit seeking nearly $3 billion in damages from Pilgrim's Pride Corp. over claims it conspired with other chicken producers to suppress farmer compensation after the sides reached a settlement.
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June 26, 2024
Nantucket Festival Owner Sues Over Alleged Imposter Event
The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."
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June 26, 2024
Unfinished Glycine Factory Supports Evasion, Says US Co.
A U.S. glycine producer urged the U.S. Court of International Trade on Wednesday to affirm the government's renewed finding that importers dodged tariffs, pointing to photographs of an Indonesian factory still under construction while it was allegedly producing exports for the suppliers.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Opinion
Farm Bill Gives Congress 2024's Biggest Enviro Opportunity
A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.
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Vaccine Accommodation Suits Show Risk Of Blanket Policies
A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Time To Step Up PFAS Due Diligence In Cross-Border M&A
Regulations in the U.S. and EU governing per- and polyfluoroalkyl substances will likely evolve to become global standards out of necessity and scale, so PFAS due diligence — particularly for buyers, sellers, and lenders and investors involved in multijurisdictional mergers and acquisitions — will be essential in 2024, say attorneys at Shipman & Goodwin.
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How 4 State AGs Are Shaping Data Privacy Compliance
As the landscape of state data privacy laws continues to grow across the nation, understanding how state attorneys general — such as in California, Colorado, Connecticut and Virginia — are thinking about these laws is critical to begin forecasting how enforcement will play out, say Michelle Kallen and Daniel Echeverri at Jenner & Block.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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4 International Arbitration Trends To Monitor In 2024
Global growth slowed substantially in 2023, and may continue into 2024 due to geopolitical instability, which could fuel four key trends in international arbitration in the coming year, including investor-state and commercial arbitration, an increase in arbitration out of China, and more, say Gregory Litt and Sharmistha Chakrabarti at Skadden.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.