National News

Courts & Litigation

Alyza Lewin of Lewin & Lewin.

High Court Debuts for Two Lawyers

By Tony Mauro |

Two women in private practice are making their debuts this month arguing before the U.S. Supreme Court, a forum where women from law firms are still underrepresented at the lectern.

Verdicts & Settlements

<b>FAULTY?</b> Testing a Takata air bag; the devices have been blamed for deaths and injuries.

The Air Bag Litigation Begins

By Amanda Bronstad |

Some of the nation's most prominent plaintiffs firms, many of them veterans of litigation against Toyota Motor Corp. and with ignition-defect lawsuits pending against General Motors Co., have a fresh target: Air bag manufacturer Takata Corp.

<b>APPELLANT:</b> John Yates, right, was convicted of “shredding” grouper.

Post-Enron Law Snags Fisherman

By Marcia Coyle |

Supreme Court to consider whether case represents 'overcriminalization.'

Civil Actions

Cases recently filed in the Washington-area district courts.

Medical Gown Maker Sued Amid Ebola Concerns

By Lisa Hoffman |

A California surgeon alleges Kimberly-Clark Corp. is putting health care personnel in peril by willfully misrepresenting that its top medical gowns will protect against the transmission of the Ebola and other deadly viruses, according to a proposed $500 million class action.

Judge Looks to Resolve Doc Dispute in Spuds Spat

By Amaris Elliott-Engel |

A federal judge presiding over multidistrict litigation in which plaintiffs allege that the price of potatoes was fixed in violation of antitrust laws has decided against taking the side of plaintiffs or defendants in a dispute over whether 1,100 documents are protected by the attorney-client privilege.

Melissa Fry Hague.

Q&A: Can Your Firm Handle Mass Torts?

By Amaris Elliott-Engel |

Mass torts in state and federal court have become a hot area of litigation, but not every plaintiffs law firm is ready to practice in this complex area.

Mesquite Charcoal Suppliers Reach Deal in Class Action

By Lisa Hoffman |

Two California companies have agreed to a $2.4 million partial settlement of a class action accusing them of engaging in a decade-long conspiracy to corner the U.S. mesquite charcoal market and fix prices for the fuel source used by restaurants to flavor meat, poultry and fish.

Gerber Baby Formula Ads Are Misleading, FTC Claims

By Jenna Greene |

The Federal Trade Commission on Thursday sued baby food maker Gerber Products Co., alleging the company misled consumers by suggesting that its “Gerber Good Start Gentle” formula prevents or reduces the risk babies will develop allergies.

Feds Press to Keep Mug Shots Secret

By Mike Scarcella |

The federal government on Thursday asked a federal appeals court to block the compelled disclosure of mug shots, citing the “substantial” privacy interests of defendants. The U.S. Department of Justice is fighting a Michigan judge’s ruling in a suit brought by the Detroit Free Press.

Actos.

Actos Punitives Verdict Remains ‘Really, Really High’

By Amanda Bronstad |

A federal judge reduced a $9 billion jury verdict in the first federal trial over diabetes drug Actos by 99 percent, but what’s left still would rank among the largest punitive damages awards on record when compared to compensatory damages in the case.

E. Barrett Prettyman U.S. District Courthouse.

Study: MDLs See Bigger Chunk of Federal Dockets

By Amaris Elliott-Engel |

The proportion of federal civil cases that proceed through centralized multidistrict litigations (MDLs) has reached a record high, according to a new analysis from the Duke Law Center for Judicial Studies.

A fullbar.

Class Action Claims These Diet Bars Aren’t ‘All Natural’

By Laura Castro |

FullBar LLC has been hit with a class action in Florida federal district court for allegedly misrepresenting that its appetite-regulating diet products were all natural when they actually contain synthetic and artificial ingredients.

Two More Fla. Hospitals Accused in Suit Over ER Visits

By Lisa Hoffman |

A proposed class action against a Florida hospital owned by HCA Holdings, Inc., has expanded to add another pair of medical facilities, each of which, the plaintiffs allege, are gouging emergency room patients.

Court Declines to Reinstate Class Action Against Walgreen Co.

By Lisa Hoffman |

The submission of form declarations from plaintiffs, most of which later were recanted, amounted to a corruption of the “pursuit of truth,” a California appeals court panel said in refusing to reinstate a proposed class action against The Walgreen Co.

Tampa Must Pay $1M in Fees in Pension Class Action

By Amaris Elliott-Engel |

The city of Tampa has to pay over $1 million in legal fees as part of a class action settlement to resolve claims by firefighters and police officers over pension benefits, the Florida Supreme Court ruled in a 6-1 decision.

Alyza Lewin

In Passport Case, Alyza Lewin Steps Into Her Father's Shoes

By Tony Mauro |

It was a difficult decision, made only two weeks ago. But on Nov. 3, Alyza Lewin, not her father—the veteran advocate Nathan Lewin—will argue before the U.S. Supreme Court in the landmark case Zivotofsky v. Kerry.

An Inside Look at Fannie’s $170M Securities Settlement

By Sheri Qualters |

Fannie Mae’s $170 million proposed settlement of a securities class action ended an uphill six-year fight over who should pay for investors’ losses related to the subprime mortgage market meltdown.

Kathryn Kolbert director of Barnard College’s Athena Center for Leadership Studies

Architect of 'Casey' Win Surveys Abortion-Rights Landscape

By Marcia Coyle |

With the focus once again on abortion and the high court, Supreme Court Brief asked Kathryn Kolbert, who argued and won Planned Parenthood of S.E. Pennsylvania v. Casey in 1992, to look back and forward at the abortion landscape.

pink house poster

'Kelo' Ruling, and Retiring Hero, Inspire Filmmakers

By Marcia Coyle |

The U.S. Supreme Court soon may be the subject of a casting call for the movie version of one of its more controversial rulings.

FTC Sues Online Dating Site Over Fake Flirty Profiles

By Jenna Greene |

That handsome stranger who likes piña coladas and getting caught in the rain, the one who just winked at you online? He might be a computer-generated fake, trying to trick you into upgrading to a paid online dating membership, according to the Federal Trade Commission.

An archery competition

Suit Over Shattered Arrow Proceeding to Trial

By Laura Castro |

An Ohio federal judge has ruled that an archer injured by a shattering arrow can pursue a defective-manufacturing claim against Eastman Outdoors Inc., but not claims for design defect, inadequate warning or failure to conform to representations.

Class Action Filed Over Contaminated Wipes

By Lisa Hoffman |

An Alabama woman who says she became ill after using baby wipes has initiated a proposed class action against Wal-Mart Stores Inc., blaming the company for selling allegedly bacteria-contaminated product.

Wrestler Billy Jack Haynes

Class Action Targets Wrestling League Over Concussion

By Lisa Hoffman |

World Wrestling Entertainment Inc. subjects professional wrestlers to “extreme physical brutality,” but tries to keep the performers unaware of the irreversible brain and body damage that can result, a proposed class-action filed in Oregon federal court by a former wrestler contends.

Toyota

Translator Refutes Toyota’s Contempt Motion in Leaks

By Amaris Elliott-Engel |

A translator who allegedly leaked confidential discovery documents from litigation against Toyota Motor Corp. says she should not be found in contempt because she has removed all those materials from the public view.

An X-ray of a hip replacement

Curtain Rising Monday in Bellwether Hip Device Trial

By Amanda Bronstad |

The first bellwether trials over alleged defects in Zimmer Holdings' recalled Durom Cup hip implant are moving ahead, with the first one set for Monday.

Donald Trump speaking at CPAC in Washington D.C. on February 10, 2011.

Class Certified in Fraud Suit Targeting Trump University

By Lisa Hoffman |

A California federal judge has certified a nationwide class of students who allege Donald Trump defrauded them by marketing Trump University as an actual institution of learning in which Trump was integrally involved.

Dialysis device with rotating pumps.

Clinic: Plaintiffs Claims Don’t Belong in Dialysis MDL

By Amaris Elliott-Engel |

A dialysis clinic has moved to dismiss a Missouri plaintiff’s lawsuit from federal multidistrict litigation over dialysis products. The clinic’s counsel argues that the plaintiff cannot stick with products liability claims and actually must meet the higher standards of a claim for medical malpractice.

New Trial Granted in Artificial-Nails Poisoning Claims

By Amaris Elliott-Engel |

The Montana Supreme Court has granted a new trial in a products liability lawsuit over a liquid acrylic nail product.

Newspaper Carriers Settle Wage-and-Hour Class Action

By Lisa Hoffman |

Carriers for San Diego’s now-defunct North County News newspaper have reached a $3.2 million settlement with Lee Publications to end a proposed class action that alleged they were misclassified and undercompensated as independent contractors, and unfairly dinged for missed or wet papers.

Restaurant Chain Settles ‘Kobe’ Burger Class Action

By Lisa Hoffman |

Back in the day, you might have spotted Marilyn Monroe, Jim Morrison or Janice Joplin at Barney’s Beanery, an iconic Los Angeles burger joint and bar. Now, you can add “Kobe” to the list of the illustri-ous now gone. As in Kobe beef, not Bryant.

Bodice-Ripper Author Class Certified Against Harlequin

By Lisa Hoffman |

It’s not yet a happy ending, but a New York federal judge has certified a proposed class action by romance authors suing Harlequin Enterprises Ltd. over electronic-book royalties.

Actos.

Judge Slashes $9B Actos Punitive Damages Award

By Amanda Bronstad |

A federal trial judge has reduced a $9 billion punitive damages verdict against the manufacturers of Type 2 diabetes drug Actos to less than $37 million.

Legal Experts Discuss Aftermath of Wal-Mart v. Dukes

By Amaris Elliott-Engel |

One of these days San Francisco Superior Court Judge Richard Kramer says he’s going to write down every proposition that the U.S. Supreme Court’s class-action ruling in Wal-Mart v. Dukes is cited for and read them out loud. And his audience is going to laugh, the judge said.

Mesh Defendant Seeks Expert’s Disqualification

By Amaris Elliott-Engel |

C.R. Bard Inc., a manufacturer of transvaginal mesh facing close to 10,000 cases in federal court, has moved to disqualify one of the plaintiffs’ experts.

Dismissal of Toyota Airbag Case Affirmed

By Laura Castro |

The U.S. Court of Appeals for the Fifth Circuit has affirmed a district court's ruling to dismiss a product defect and negligence suit against Toyota Motor Corp., saying a widower couldn’t prove that manufacturing or design defects in the side-curtain air bags of his wife’s 2010 Highlander caused her death in a crash.

Email Triggered CVS Class’ Removal to Federal Court

By Sheri Qualters |

A federal appeals court is allowing drugstore chain CVS to move a purported wage and hour class action to federal from state court under a new interpretation of the Class Action Fairness Act of 2005’s removal rules.

Louis Freeh.

Freeh: Another Shrimper Inflated Oil-Spill Damages Claim

By Amanda Bronstad |

A special master appointed to look for fraud in BP’s $9.2 billion settlement over the Deepwater Horizon oil spill wants an Alabama commercial fisherman to return $330,332 in claim money he received based on tax returns that were never filed with the IRS.

Louanne Masry.

The Ins and Outs of Bringing an Elder Abuse Lawsuit

By Amanda Bronstad |

A big challenge in suing over elder abuse, at least in California, is differentiating the claims from those in medical malpractice cases, which are limited by statute to $250,000 in noneconomic damages.

Mask of Ka-Nefer-Nefer.

Feds Pay Up For Failed Forfeiture

By Jenna Greene |

A recent fight over a 3,200-year-old Egyptian mummy mask with questionable provenance shows the hazards of government overreach when seizing disputed assets.

Verdicts & Settlements

A summary of this week's notable cases.

<b>MIDNIGHT JUSTICE:</b> The U.S. Supreme Court on April 21, 1992, issued many orders throughout the night in the appeal of inmate Robert Alton Harris. Activists in 1990 protest the planned execution.

Predawn Justice at High Court

By Tony Mauro |

The U.S. Supreme Court's recent 5 a.m. order in a Texas voting rights case was rare, but not unprecedented. And it was rare only because of a little-known effort by the court in the 1990s to curtail postmidnight motions and orders.

Civil Actions

Cases recently filed in the Washington-area district courts.

Marvin Putnam of O'Melveny & Myers.

A Case of Delicate Maneuvering

By Sheri Qualters |

Lawyer won a media-frenzied trial without tarnishing a pop icon's image.

Elizabeth Pipkin of McManis Faulkner.

A Battle Waged Against Government Secrecy

By Sheri Qualters |

Elizabeth Pipkin's perseverance and tenacity got a Muslim scholar removed from the no-fly list.

Winning 2014

Victories Against the Odds

The National Law Journal presents five lawyers and their teams who faced tough odds at trial and prevailed by using creative litigation strategies, sharp trial techniques and plenty of legal brainpower.

Jamie Levitt of Morrison & Foerster.

Methodical Precision — Swiftly and Efficiently

By Sheri Qualters |

Morrison's Levitt took on opponents in ResCap's monumental bankruptcy and orchestrated a tidy win.

Patrick Gibbs of Latham & Watkins.

His Confidence In the Client Won the Day

By Andrew Ramonas |

Patrick Gibbs and his Latham & Watkins team prevailed in a major SEC insider-trading trial.

Randy Mastro of Gibson Dunn.

Turning Point Was the 'Turncoats'

By Carlyn Kolker |

Skills sharpened as a prosecutor helped Mastro secure a win for Chevron.

OSHA's Dust Rule Upheld in D.C. Circuit

By Jenna Greene |

The Occupational Safety and Health Administration scored a win before the U.S. Court of Appeals for the D.C. Circuit, which upheld an agency rule covering combustible dust on Friday.

James

Busiest Judges Are Presiding Over Thousands of Cases

By Amanda Bronstad |

The busiest federal judges in the country are overseeing multidistrict litigation, prisoner petitions and patent cases, according to a report released Thursday.

Actos.

Judge Strikes Takeda Report in Actos Case

By Amaris Elliott-Engel |

A federal judge has struck a report Takeda Pharmaceuticals U.S.A. filed with the court indicating it was on track to restore evidence in an Actos case that resulted in a $9 billion verdict.

Appeals Court Upholds $5M Verdict Against GE Healthcare

By Amaris Elliott-Engel |

The U.S. Court of Appeals for the Sixth Circuit has upheld a $5 million verdict issued in a mass tort in which plaintiffs alleged that GE Healthcare Inc. failed to warn that a gadolinium-based contrast agent used in MRIs can cause the growth of painful excess fibrous tissue in patients with failing kidneys.

Judge Dismisses Class Action Complaint Against Electronic Arts Inc.

By Lisa Hoffman |

Electronic Arts Inc. engaged in benign “corporate optimism,” not securities fraud, when it touted to in-vestors its ultimately buggy Battlefield 4 video game, a California federal judge ruled in zapping a pro-posed class action that alleged the company had engaged in stock manipulation.

Redbox Prevails in Video Privacy Protection Act Appeal

By Sheri Qualters |

A federal appellate court ruled Thursday that self-service movie kiosk company Redbox did not violate the Video Privacy Protection Act by giving an outside customer-service vendor access to its customer database.

Tamara Lusardi.

‘Groundbreaking’ Ruling for Transgender Disabled Vet

By Jenna Greene |

The Department of the Army discriminated against a civilian worker who was transitioning from male to female, the U.S. Office of Special Counsel announced Thursday. The Transgender Law Center, which represented Tamara Lusardi, called the decision “groundbreaking in its conclusion."

Experts Fret Cyber Risk to Electronic Health Records

By Amaris Elliott-Engel |

A cybersecurity framework for medical devices and health-care technology needs to be developed in a partnership between the government, manufacturers and health-care providers, officials from across the public and private sectors during a workshop con-vened by the U.S. Food and Drug Administration.

Class Action Seeks Overtime Pay for Mandatory Exercise

By Lisa Hoffman |

In a twist on the axiom that it pays to exercise, a production worker has filed a proposed class action that faults Hyundai Motor Manufacturing Alabama for not paying workers enough for mandatory stretching and exercise sessions.

Group Challenges Settlement in Vitamin Water Case

By Lisa Hoffman |

Blasting a proposed settlement that would give the plaintiffs’ attorneys $1.2 million and consumers only injunctive relief, the watchdog group Truth in Advertising Inc. has filed a motion to oppose the deal cut with The Coca-Cola. Co. over alleged false advertising of its Glaceau Vitaminwater products.

$18 Million Punitives Award Upheld in Asbestos Case

By Amanda Bronstad |

A divided California appeals court has upheld a punitive damages award for a homebuilder who claimed he contracted mesothelioma from breathing in dust that contained asbestos fibers.

Ortho Evra contraceptive patch.

State Design-Defect Rule Clashed With Federal Regulation

By Amaris Elliott-Engel |

In a case of first impression, a federal judge has ruled that Georgia plaintiffs cannot sue over design defects in drugs that have been approved by the U.S. Food and Drug Administration.

Actos.

Plaintiffs: Takeda’s Claim It Found Evidence a ‘Whitewash’

By Amaris Elliott-Engel |

Plaintiffs lawyers fighting Takeda Pharmaceuticals U.S.A. over the drugmaker’s spoliation of evidence have denounced as a “whitewash” its recent claim that it is on track to restore the evidence.

Motion Opposes Certification of Mouthwash Class

By Laura Castro |

Chattanooga-based Chattem Inc. is asking a Florida federal judge not to certify a proposed class of consumers accusing the consumer health-products company of falsely claiming its ACT mouthwash rebuilds tooth enamel.

Confidential Settlement Reached in Mesh Litigation

By Amaris Elliott-Engel |

The federal judge presiding over multidistrict litigation in which more than 60,000 women allege they were injured by transvaginal mesh has approved a confidential settlement fund to resolve some of the claims against American Medical Systems Inc.

Dreamfields Pasta.

Injunctive Relief in Pasta Class Action Valued at $15M

By Lisa Hoffman |

A New Jersey federal judge has deemed done a reported $23 million settlement of a proposed class action alleging the manufacturer of Dreamfields Pasta falsely advertised the product as healthier than ordinary pasta because it contained fewer “digestible” carbohydrates.

U.S. Virgin Islands.

U.S. Virgin Islands Sues Buchanan Ingersoll Over Tax Issues

By Jenna Greene |

The U.S. Virgin Islands is suing Buchanan Ingersoll over allegations the law firm gave wrong advice about whether a bond issue would be tax-exempt.

State’s Billboard Regulations Violate First Amendment

By Sheri Qualters |

A federal appellate court has revived a First Amendment challenge to Massachusetts billboard regulations that give one state official broad power to reject proposed billboards and cancel a billboard owner’s license.

Teachers Going to Trial on Retirement-Fund Claims

By Amanda Bronstad |

West Virginia’s public school teachers are going to trial over losses to their retirement plans after a judge refused to toss out a class action filed on their behalf.

Mask of Ka-Nefer-Nefer.

Feds Lose Fight Over Ancient Mummy Mask

By Jenna Greene |

A fight over a 3,200-year-old Egyptian artifact with questionable provenance came to a close last week when the federal government paid $425,000 in attorney fees and costs to Dentons and Husch Blackwell for their work on behalf of Saint Louis Art Museum, which owns the disputed Mask of Ka-Nefer-Nefer.

Demonstration outside the U.S. Supreme Court to bring attention to reconsideration of the Citizens United v. FEC decision.  February 23, 2012.

Study: Campaign Spending Skews Justice Against Defendants

By Marcia Coyle |

Skyrocketing spending on television advertising in state supreme court elections has rendered justices less likely to vote in favor of criminal defendants, a new study found.

Supreme Court of Nevada.

Class Analysis Not Needed in Construction-Defect Case

By Amaris Elliott-Engel |

The Nevada Supreme Court has ruled it neither arbitrary nor capricious for a trial judge to decline to perform a class-action analysis in a lawsuit filed by a homeowners’ association against a general contactor over alleged defects.

Perdue Chicken-Conditions Class Action Withdrawn

By Lisa Hoffman |

Three years of class litigation challenging Perdue Farms Inc.’s assertion that it humanely raises chickens sold under one of its brands has ended with terse statements that the poultry company will no longer make that claim.

Dollar General Settles Credit-Check Claims for $4M

By Lisa Hoffman |

Failing to notify more than 100,000 job applicants that they would be subjected to background checks will cost discount retailer Dollar General Corp. $4 million to settle a proposed class action alleging the company violated the Fair Credit Reporting Act.

Justices Will Rule on Police Scrutiny of Hotel Registries

By Marcia Coyle |

The U.S. Supreme Court on Monday agreed to decide whether a city ordinance authorizing police to search hotel and motel guest registries violates the Fourth Amendment.

Justice Ruth Bader Ginsburg

Ginsburg Explains Saturday Surprise on Texas Voting Law

By Tony Mauro |

"Tremendous time pressure" is the reason behind the U.S. Supreme Court's recent spate of unexplained emergency orders, Justice Ruth Bader Ginsburg said Sunday night.

Justice Ruth Bader Ginsburg

Ginsburg Explains Saturday Surprise on Texas Voting Law

By Tony Mauro |

"Tremendous time pressure" is the reason behind the U.S. Supreme Court's recent spate of unexplained emergency orders, Justice Ruth Bader Ginsburg said Sunday night.

Luke Bierman.

Elon School of Law Placing Practical Training ‘On Steroids’

By Amanda Bronstad |

Elon University School of Law is launching a J.D. program next year that offers full-time residencies led by faculty and allows students to graduate in less than three years at less cost.

Justices Thomas, Ginsburg, and Scalia joined in dissent Tuesday over the court's denial to review a sentencing dispute from the D.C. Circuit.

Why Did the Supreme Court Sidestep Sentencing Dispute?

By Tony Mauro |

When the U.S. Supreme Court ­refused to add a Washington drug case to its docket, it drew wide criticism for missing an opportunity to resolve a long­running dispute over judicial discretion in ­sentencing.

<b>IN TEXAS:</b> The cleanup commenced at the apartment where the first U.S. victim lived. A Dallas nurse has retained a lawyer.

Hospitals Sweat Potential Ebola Liability

By Amanda Bronstad and Andrew Ramonas |

As public health authorities moved to calm fears about the risk from Ebola, lawyers last week urged health care and other clients to take precautions against spreading the potentially fatal disease — and to mitigate attendant lawsuits.

<b>PASSIONS FLARE:</b> Among the disputes before courts are voting restrictions in various states.

Triage at Supreme Court

By Marcia Coyle |

Whether it's a coincidence or a product of an overheated political environment, the U.S. Supreme Court has been a magnet for a remarkable string of highly charged emergency requests during the past two weeks.

Verdicts & Settlements

A summary of this week's notable cases.

<b>COOPERATE:</b> Richard Cordray, director of the Consumer Financial Protection Bureau, in July publicly credited GE Capital Retail Bank, now known as Synchrony Bank, for self-reporting violations.

Agency Sets High Expectations
For Cooperation

By Jenna Greene |

For lawyers defending companies under scrutiny by federal agencies, the real question is whether to self-report wrongdoing.

Civil Actions

Cases recently filed in the Washington-area district courts.

<b>CHANGE DEMANDED:</b> Demonstrators gather outside the Department of Justice in Washington during a rally in support of Michael Brown, fatally shot by a police officer on Aug. 9 in Ferguson, Mo.

DOJ Is Facing Tough Task in Ferguson Probe

By Lisa M. Noller and Daniel Werly |

The Civil Rights Division's investigation into Michael Brown's death could help improve race relations.

Jeffrey Fisher.

The Never-Ending Search of Digital Data

By JaneAnne Murray |

Once the government seizes tablets or smartphones, can it use the stored information forever?

Iced Tea Empire Valued at $2B in Partnership Dispute

By Julie Triedman |

The co-founders of the AriZona brand wage an epic legal battle about how much the company was worth.

Lawsuit Over Ford Explorer Exhaust Systems Proceeds

By Laura Castro |

A Florida federal judge has rejected Ford Motor Co.’s motion to dismiss a proposed class action involving the exhaust systems in its Explorer models.

Judge Unseals Evidence in Garlock Case

By Amaris Elliott-Engel |

After a protracted fight, a federal judge has ruled on Thursday that all of the evidence that led him to find misrepresentations by plaintiffs in an asbestos-related bankruptcy must be unsealed.

Drugmakers Lose Request for Protective Order in Records Spat

By Amaris Elliott-Engel |

Three drugmakers facing a lawsuit from the city of Chicago alleging they illegally marketed painkillers have lost their motion for a protective order against USA Today’s Illinois Freedom of Information Act requests.

N.Y. Modeling Agency Sued Over Pay

By Lisa Hoffman |

A company that bills itself as the premiere New York City source of clothing fit models has been slapped with a proposed class and collective action that alleges it unlawfully underpays its models and operates as an unlicensed employment agency.

Judge Rules Against Federal Venue For Class Action Against Energy Co.

By Amaris Elliott-Engel |

A class action against a Texas-based energy supplier will proceed in New York state court, not New York federal court, after a federal judge ruled the controversy is a local one over which federal jurisdiction doesn’t apply.

Appeals Panel Scolds Lower Court Over Discovery

By Amaris Elliott-Engel |

The U.S. Circuit Court for the Eleventh Circuit has criticized a lower court for requiring pre-discovery case management before it has ruled on the legal sufficiency of a plaintiff’s complaint.

Actos.

Drugmaker Recovers Emails After Spoliation Ruling

By Amaris Elliott-Engel |

Takeda Pharmaceuticals U.S.A. and five other related corporations report that they have recovered 61,000 emails and attachments after a Louisiana federal judge found that the Takeda was liable for spoliation of evidence in litigation over diabetes drug Actos.

Marathon Helper Alleges Labor Violations

By Lisa Hoffman |

The for-profit company that stages Rock ‘n’ Roll Marathons and Half Marathons in scores of U.S. cities each year unlawfully exploits thousands of “volunteers,” who think they are helping charities but actually are providing Competitor Group Inc. with free labor, a proposed class action alleges.

Dzhokar Tsarnaev.

Accused Marathon Bomber Loses Jury, Evidence Challenges

By Sheri Qualters |

A Boston federal judge on Friday denied accused Boston Marathon bomber Dzhokhar Tsarnaev’s motion to dismiss his case and suppress evidence collected during the first two months after the bombings.

Insurer Loses Fight Over Therapy Coverage

By Amaris Elliott-Engel |

The Washington Supreme Court has ruled that a health insurer can’t exclude coverage for speech, occupational and physical therapies.

Michael Millikin.

Embattled Millikin Steps Down as GM’s General Counsel

By Amanda Bronstad |

General Motors Co. general counsel Michael Millikin, who has faced criticism and congressional inquiries over his handling of an ignition-switch defect, has announced plans to retire in early 2015.

Class Certified in Alleged Plot to Fix Air Freight Prices

By Amanda Bronstad |

A federal judge has certified a class of tens of thousands of direct purchasers of air freight shipping services suing more than two dozen airlines in an alleged global price-fixing conspiracy.

Judge: Deal Didn’t Resolve Tribe’s Claims Against Glaxo

By Sheri Qualters |

A Boston federal judge has ruled that GlaxoSmithKline PLC’s $3 billion settlement of misbranding charges involving its diabetes drug Avandia and other pharmaceuticals did not resolve claims the Cherokee Nation filed in its Oklahoma tribal court.