The Third Circuit on Tuesday affirmed the dismissal with prejudice of 1,189 cases in multidistrict litigation alleging Merck & Co. Inc.'s shingles vaccine, Zostavax, caused the disease, saying the district court did not abuse its discretion by requiring medical tests to support the claims.
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WEDNESDAY, JULY 17, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

3rd Circ. Backs Tossing Over 1K Suits In Merck Vaccine MDL

By Mike Curley

The Third Circuit on Tuesday affirmed the dismissal with prejudice of 1,189 cases in multidistrict litigation alleging Merck & Co. Inc.'s shingles vaccine, Zostavax, caused the disease, saying the district court did not abuse its discretion by requiring medical tests to support the claims.

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Unilever Supplier Looks To Drag BP Into Shampoo Class Suit

By Jonathan Capriel

A Unilever supplier is trying to shift the blame in a lawsuit accusing it and the consumer goods behemoth of selling carcinogen-tainted dry shampoo, telling a Connecticut federal court that two of its suppliers, including BP, are actually the ones who should be held liable.

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Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter

By Emily Field

Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.

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Apple's Slowed IPhone Derivative Deal OK'd After Tweaks

By Dorothy Atkins

A California federal judge said Tuesday she would approve Apple's non-monetary settlement to resolve a derivative-shareholder suit over claims it secretly slowed iPhones and award counsel $6 million in attorneys fees and expenses, after she rejected an earlier version of the deal because of the proposal's overbroad release of claims.

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Judges Press Amazon On Its Duty To Guard Against Suicide

By Greg Lamm

Washington appellate judges on Tuesday challenged Amazon's argument that the e-commerce giant should be free from liability for selling sodium nitrite that buyers used to kill themselves, with one judge asking what other use a "small bottle" of nearly pure poison would have.

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DIVERSITY SNAPSHOT

The 2024 Diversity Snapshot: What You Need To Know

By Xiumei Dong

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

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These Firms Have The Most Diverse Equity Partnerships

By Gerald Schifman

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

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DRUGS & DEVICES

Gilead Asks Calif. Supreme Court To Ax 'Disastrous' Decision

By Bonnie Eslinger

Gilead Sciences on Monday urged the California Supreme Court to overturn an appellate panel's decision that the company can't ditch claims it held back a safer HIV drug to maximize profits on an older medication, saying that holding manufacturers liable for non-defective products would "yield disastrous policy consequences."

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CONSUMER GOODS

GNC Fights Claim 'Super Magnesium' Pills Are Subpar

By Rae Ann Varona

GNC Holdings urged an Illinois federal judge Monday to toss a proposed class action alleging it falsely touted "Super Magnesium" supplements as having 400 milligrams of magnesium despite having less than half that amount, saying a consumer lacked standing to sue by failing to allege his own purchase was deficient.

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Cannabis Patients And DOJ Offer Dueling Reads On Rahimi

By Sam Reisman

A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.

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TRANSPORTATION

No Immunity For Philadelphia Transit In Bus-Stop Injury

By Jonathan Capriel

The Philadelphia-area transit system can't escape a lawsuit accusing one of its bus drivers of refusing to lower a handicap accessible ramp, resulting in a passenger twisting her leg while exiting the vehicle, a state appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to sovereign immunity.

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Flight Student Blames Canadian Airplane Co. For NC Crash

By Hayley Fowler

Diamond Aircraft Industries Inc. has been hit with a federal lawsuit claiming the Canadian aircraft manufacturer designed and sold a defective single-engine, four-seater plane that had to be crash-landed on an interstate in the mountains of North Carolina during a training flight.

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ENERGY

Puerto Rico Launches Climate Suit Against Fossil Fuel Cos.

By Madeline Lyskawa

The Commonwealth of Puerto Rico has accused Exxon Mobil Corp., BP PLC, Chevron Corp. and other petrochemical companies of deceiving the public about the effects associated with the use and burning of fossil fuels on the island, resulting in severe damage to Puerto Rico's natural resources.

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Pollution Settlement Will Work To Restore Wash. River Habitat

By Crystal Owens

An agreement between the federal government, Washington state and two tribes, on one side, and a pair of recycling companies and a metal fabricator on the other will put in place a three-acre habitat restoration project along the Lower Duwamish River in Seattle, resolving claims that oil and hazardous were released into the waters for a decade.

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EXPERT ANALYSIS

Opinion

High Court Made Profound Mistake In Tossing Purdue Deal

The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

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Series

Serving In The National Guard Makes Me A Better Lawyer

My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

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LEGAL INDUSTRY

Analysis

3 Reasons Why 2nd Menendez Bribery Case Was The Charm

By Carla Baranauckas

Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.

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Menendez Guilty Of 'Shocking Corruption,' Urged To Resign

By Cara Salvatore, Pete Brush and Carla Baranauckas

A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.

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Trump Special Prosecutor Ruling Could Find Favor On Appeal

By Carolina Bolado

When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.

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Ex-Trump Counsel Has Advice For GOP On Judicial Noms

By Courtney Bublé

A former Trump White House official who worked on judicial nominations has advised a potential future Republican administration to be aggressive, proactive and not to compromise on circuit court picks.

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Smirnov Wants David Weiss DQ'd After Trump Docs Ruling

By Hailey Konnath

Former FBI informant Alexander Smirnov said Monday that a Florida federal judge's order disqualifying the special prosecutor in the Donald Trump classified documents case means special counsel David Weiss should also be disqualified from Smirnov's case, according to a motion filed in California federal court.

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Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner

By Andrew Karpan

A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.

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Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law

By Lauren Berg

Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.

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$4.5M Davis Wright Deal In Ore. Fraud Suit Gets Final OK

By Sydney Price

An Oregon federal judge has fully adopted a magistrate judge's recommendation to sign off on a $4.5 million deal resolving investor claims against law firm Davis Wright Tremaine LLP for its work representing entities involved in an alleged real estate securities fraud scheme, while two banks were dismissed from the case.

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Tesla Swaps Cravath Out, WilmerHale In For Antitrust Defense

By Lauren Berg

WilmerHale has taken over from Cravath Swaine & Moore LLP as counsel for Tesla in a proposed class action in California federal court alleging the company runs an unlawful monopoly on parts for its electric vehicles.

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ACLU Legal Director Leaving For Expanded Georgetown Role

By Kevin Penton

The American Civil Liberties Union's national legal director plans to step down from a role he has held for eight years, the organization confirmed Tuesday.

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Groups Slam UC Berkeley's 'Misreading' Of Antisemitism Case

By Jake Maher

Jewish organizations suing the University of California, Berkeley, and its law school for allegedly tolerating an antisemitic culture on campus fought to keep their suit alive this week in the face of a motion to dismiss, maintaining their claims are ripe despite UC Berkeley's "bold misreading" of the case.

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LAW FIRMS IN TODAY'S NEWS

Akin Gump

Amin Wasserman

Arnold & Porter

Atheria Law

Atkinson Andelson

Baker Botts

Baker Donelson

Berry Appleman

Best Best & Krieger

Boies Schiller

Bookoff McAndrews

Buchalter APC

Buckley LLP

C.A. Goldberg PLLC

Cahill Gordon

Carlton Fields

Chamberlain Hrdlicka

Cleary Gottlieb

Coburn & Greenbaum

Continental PLLC

Cooley LLP

Corrie Yackulic Law Firm

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

Davis & Wright

Davis Wright Tremaine LLP

Diaz Reus

Ellis George LLP

Esler Stephens

Esner Chang

Farella Braun

Finger & Slanina

Finnegan

Fragomen Del Rey

Freed Kanner

Fullerton Beck

Gibbons PC

Glancy Prongay

Goldberg Segalla

Grant & Eisenhofer

Gross Klein

Hogan Lovells

Holland & Knight

Irell & Manella

Jones Day

Jones Walker

Kasowitz Benson

Keker Van Nest & Peters

Kershaw Talley

Knobbe Martens

Kudman Trachten

Larkins Vacura

Law Offices of Daniel Weltin

Lemberg Law

Lozano Smith

Manning & Kass

Morningstar Law Group

Morrison Foerster

Munger Tolles

Nelson Mullins

Nossaman LLP

Orrick Herrington

Pangia Law Group

Paternoster Farnell

Paul Hastings

Pearson Warshaw

Perkins Coie

Riley Safer

Roig Lawyers

Saveri & Saveri

Schneider Wallace

Seed IP

Sher Edling

Shook Hardy

Shutts & Bowen

Silver Golub

Squire Patton

Sterne Kessler

Stoll Berne

Summit Law Group

Talmadge Fitzpatrick

The Law Firm of Cesar de Castro

Tostrud Law Group

Trammell PC

Venable LLP

Waymaker LLP

WeissLaw LLP

Welsh & Recker

White & Case

Willkie Farr

WilmerHale

Wilson Sonsini

Withersworldwide

Wong Fleming

Zuber Lawler

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Civil Liberties Union

Apple Inc.

Aux Sable Liquid Products Inc.

BP PLC

Balentine

Chester Water Authority

Chevron Corp.

Cottrell Inc.

Dow Corning Corp.

Exxon Mobil Corp.

GNC Holdings Inc.

Gilead Sciences Inc.

Johns Manville Corp.

LinkedIn Corp.

Mercedes-Benz USA LLC

Merck & Co. Inc.

Morningstar, Inc.

National Organization for the Reform of Marijuana Laws

National Rifle Association of America

Nucor Corp.

Pacific Premier Bancorp Inc.

Purdue Pharma LP

Regents of the University of California

Riverview Bancorp Inc.

Southeastern Pennsylvania Transportation Authority

Space Exploration Technologies Corp.

Tesla Inc.

The David J. Joseph Co.

Unilever PLC

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Muckleshoot Indian Tribe

National Oceanic and Atmospheric Administration

Pennsylvania Supreme Court

Suquamish Tribe

U.S. Attorney's Office for the Southern District of New York

U.S. Civilian Board of Contract Appeals

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Treasury

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

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Oregon

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

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

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

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

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

Washington Attorney General's Office

World Health Organization