The attorney representing hobbyist and industry groups for magnets told the Tenth Circuit on Wednesday that the dangers of a child swallowing a single magnet aren't any different from a child ingesting other small items like a dime, in an appeal over a U.S. Consumer Product Safety Commission rule.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Magnets Akin To Coins As Swallow Risk For Kids, Court Told

By Emily Field

The attorney representing hobbyist and industry groups for magnets told the Tenth Circuit on Wednesday that the dangers of a child swallowing a single magnet aren't any different from a child ingesting other small items like a dime, in an appeal over a U.S. Consumer Product Safety Commission rule.

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3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims

By Ryan Harroff

A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.

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Beasley Allen And J&J Tussle Over Atty Sanctions Bid

By Madison Arnold

Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.

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CVS Can't Dodge Proposed Action Over 'Non-Drowsy' Claims

By Rae Ann Varona

CVS Pharmacy must continue facing a proposed class action alleging it "dangerously" markets over-the-counter medicine as "non-drowsy" despite containing a substance known to cause drowsiness after a Missouri federal judge on Wednesday refused to toss claims lodged under Missouri and other states' consumer protection laws.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge

By Aaron Keller

The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Ryan Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.

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AUTOMOTIVE

GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case

By Linda Chiem

The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.

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CONSUMER GOODS

Infant Sleep Co. Says CPSC Wrongly Maligned Products

By Mike Curley

Dreamland Baby Co. is suing the Consumer Product Safety Commission and other government agencies in D.C. federal court, alleging that the CPSC broke its own rules when a "rogue" commissioner told retailers that its infant weighted sleep products were dangerous.

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DRUGS & DEVICES

DEA Accused Of Colluding With Reform Foes In Pot Row

By Sam Reisman

Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.

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FOOD & BEVERAGE

Veggie Co. Hit With False Ad Suit Over E. Coli Outbreak

By Mike Curley

A proposed class of consumers is suing Grimmway Enterprises Inc., alleging that it failed to disclose that its whole and baby carrot products were or could be contaminated with e. coli, deceiving buyers into thinking they were safe for consumption.

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EXPERT ANALYSIS

What Cos. Can Learn from Water Microplastics Class Actions

Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

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LEGAL INDUSTRY

Bonus Spotlight

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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LAW FIRMS IN TODAY'S NEWS

Aeton Law Partners

Akerman LLP

Anderson & Kreiger

Beasley Allen

Carella Byrne

Claggett & Sykes

Cleary Gottlieb

Connecticut Trial Firm LLC

Cravath Swaine

Faegre Drinker

Foley & Lardner

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Hagens Berman

Harvath Law Group

Heygood Orr

Jenner & Block

Jones Day

Keller & Heckman

Kilpatrick Townsend

Kirkland & Ellis

Latham & Watkins

McDermott Will & Emery

Milbank LLP

Milberg Coleman

Moore & Van Allen

NechelesLaw

Otterbourg PC

Paul Hastings

Paul Weiss

Perkins Coie

Porter Hedges

Porter Wright

Reese LLP

Rhine Law Firm PC

Seeger Weiss

Shook Hardy

Sokolove Law

Stranch Jennings

The Miller Law Firm PC (Rochester, MI)

Torridon Law

Troutman Pepper

Wallace & Graham

Warner Norcross

Weil Gotshal

Weinstein & Wisser

COMPANIES IN TODAY'S NEWS

American Academy of Pediatrics

American Arbitration Association

American International Group Inc.

BlueTriton Brands

Boston University

CG Roxane LLC

CVS Health Corp.

Chevron Corp.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Cummins Inc.

Danner Inc.

FCA US LLC

Ford Motor Co.

Grimmway Enterprises Inc.

Groupe Danone

Johnson & Johnson

Kiteworks USA LLC

LinkedIn Corp.

Michigan Milk Producers Association

Natural Resources Defense Council

Nestle SA

New Civil Liberties Alliance

New York University

Newell Brands Inc.

PG&E Corp.

Planned Parenthood Federation

Princeton University

Robert Bosch GmbH

Roivant Sciences Ltd.

Smart Approaches to Marijuana

Tesla Inc.

The Cigna Group

The Leadership Conference on Civil & Human Rights

Trader Joe's Co.

WebMD LLC

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Food and Drug Administration

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Labor Relations Board

New York County District Attorney's Office

New York Supreme Court, New York County

Patent Trial and Appeal Board

U.S. Army

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Consumer Product Safety Commission

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. Drug Enforcement Administration

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington