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Florida appeals court stays AG’s opioids suit to weigh disqualification of trial judge

But now some of the defendants in the Florida attorney general’s suit are going after a judge for his comments about them. This week, Allergan, Actavis, Teva, Cephalon, Endo and Mallinckrodt filed a petition asking a state appeals court to disqualify Pasco County Circuit Court Judge Declan Mansfield, arguing that the judge’s comments at a hearing on defendants’ dismissal motion suggest that he is biased against them and cannot give defendants a fair trial.

State AGs protest ALI consumer contract restatement ahead of May 22 vote

Twenty-three state attorneys general sent a letter Tuesday to members of the American Law Institute, criticizing a draft restatement of the law of consumer contracts that is set for a final vote next week at ALI’s annual meeting. The AGs, as I'll explain, argue that the ALI's proposed rules will effectively allow businesses to impose contracts on customers without consumer consent. Their letter – as well as an odd copyright kerfuffle between ALI and a Georgetown law professor leading

More antitrust class actions on the way after Supreme Court’s Apple ruling?

In the U.S. Supreme Court’s decision Monday in Apple v. Pepper (2019 WL 2078087) – an antitrust class action in which consumers claim Apple is abusing its monopoly power in the market for iPhone apps – Justice Brett Kavanaugh wrote that the court was merely applying its longstanding antitrust precedent from Illinois Brick v. State of Illinois (97 S.Ct. 2061).

With help from Judge Breyer, VW signals multi-pronged defense in SEC case

The Securities and Exchange Commission had a tough go of it at a hearing Friday before U.S. District Judge Charles Breyer of San Francisco, who is overseeing the SEC’s securities fraud case against Volkswagen. It’s just not a good day for the government when a judge feels compelled to point out that the bird in your agency’s symbol is an eagle, “not a carrion hawk that simply descends when everything is all over and sees what it can get.”

Public Citizen files test case over copyright liability for embedded images

In 2007, a commenter on a knife aficionados’ website called Blade Forums posted an image of a photograph of a redwood tree burl. Readers were discussing knife handles made from these tree trunk outgrowths, and the commenter picked up the image of a burl from the website of a well-known photographer, QT Luong, to show other Blade Forums members what they look like. The embedded image was posted as a deep link, meaning that Blade Forums' readers could see Luong’s photograph, but only v

Asarco tries to push retirees into 'unicorn' defendant class action

Have you ever heard of a defendant class action – a case in which a plaintiff uses the federal class action rules to agglomerate defendants? Judges and scholars have come up with all kinds of descriptions for this seldom-seen device. In a ruling last month (2019 WL 1848525) the 4th U.S. Circuit Court of Appeals called defendant class actions “among the rarest of proceedings,” quoting a 2002 7th Circuit ruling in which Judge Richard Posner dubbed the cases “rare birds” and cited an ac

Michael Avenatti and the weirdest-ever lead counsel fight

In 2017, before he became a household name, Michael Avenatti won a jury verdict of nearly a half-billion dollars for a class of California medical centers. Avenatti, at the time a name partner of Eagan Avenatti, was the court-appointed lead counsel for the class, which claimed Kimberly-Clark and Halyard Health were fraudulently marketing surgical gowns that failed to block communicable diseases.

Uber, Beyond Meat rely on controversial clause to steer potential suits over IPOs

Two of the most hotly anticipated IPOs of the year are expected to take place later this month, when the ride-hailing company Uber and the vegan burger company Beyond Meat offer shares to the public. Both companies are counting on a controversial - and, quite possibly, invalid - tactic to choose the court in which their future shareholders can sue if the IPOs flop.

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