April 15, 2021, marked the inaugural enforcement action under the COVID-19 Consumer Protection Act (the Act). The Federal Trade Commission (FTC) and Department of Justice’s Consumer Protection Branch (CPB) requested relief for misleading marketing. Passed in December 2020, the Act…
In West Virginia’s Southern District, a major opioid-related MDL bellwether trial recently began. Several WV local governments brought the initial action against drugmakers AmerisourceBergen Drug Co., Cardinal Health Inc., and McKesson Corp. The complaint alleges the defendants played an integral…
In April 2021, the United States Supreme Court issued an opinion resolving a long-standing circuit split on the definition of an automatic telephone dialing system. Such a system, also known as an ATDS or autodialer, has been a point of…
A New Jersey federal district court recently denied motions to sever first-party and third-party actions and to bifurcate a long-fought medical malpractice case. This complex case stems from a dismissed initial lawsuit due to a withdrawn medical expert witness. Following…
The Honorable Analisa Torres of the U.S. District Court for the Southern District of New York recently issued a notable COVID-19 insurance decision. The opinion may set precedent for how the district interprets insurance policies and business interruption losses related…
The U.S. Bankruptcy Court in the Southern District of New York has announced a $2 million settlement in a ticket holder class action against organizers of the infamous Fyre Festival. Meanwhile, the man behind the festival, Billy McFarland, sits in…
Over a dozen lawsuits are pending against several manufacturers of Paraquat. The suits allege that exposure to the highly toxic herbicide causes Parkinson’s disease. Paraquat’s toxicity is far from new information. It’s highly regulated and can only be used by…
A Missouri college is in the process of suing an insurance company for its failure to provide coverage related to COVID-19 economic losses. The Lindenwood Female College of Saint Charles is suing Zurich American Insurance Company in a class action…
On April 5, 2021, a judge for New York’s Southern District dismissed a proposed class action lawsuit filed against the World Health Organization (WHO). The suit alleged the WHO was negligent and reckless in its response to the COVID-19 pandemic.…
The United States Supreme Court recently ruled that Google’s use of another software company’s code in building its Android platform was permissible under the fair use doctrine. The decision comes after 10 plus years of litigation on the issue. The…