A newsletter by Reuters and Westlaw |
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By Diana Novak Jones, Mike Scarcella and Sara Merken |
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Good morning. Here's what we are looking at today: With a potential class action filed by consumers, litigation against McDonald's over the recent E. coli outbreak is piling up. Plus, a landmark settlement with the National Association of Realtors over sales commissions is facing objections, and the 3rd Circuit will weigh a challenge from AstraZeneca and Bristol Myers Squibb to the Biden administration's Medicare drug price negotiation program. Go ahead and break out the Halloween candy — you deserve it! Were you forwarded this email? Subscribe here. |
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McDonald's was hit with a proposed class action stemming from the E.coli outbreak linked to onions in the fast-food chain's Quarter Pounders, reports our colleague Jonathan Stempel. Plaintiffs Amanda McCray of Chicago and William Michael Kraft of Davie, Florida, said they experienced many symptoms associated with E.coli infection after buying Quarter Pounders this month and would not have purchased the burgers had they known of the risk. They're hoping to represent any U.S. consumer who purchased a contaminated Quarter Pounder. The lawsuit comes after at least four people sickened in the outbreak filed individual lawsuits in both state and federal courts, court records show. |
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- U.S. District Judge Aileen Cannon, appointed by Donald Trump in 2020, declined to recuse herself from presiding over the prosecution of a man charged with trying to assassinate the former president.
- Wilmer is shutting down its Beijing office after 20 years, as major firms continue to reassess their presence in China's legal market.
- A British legal regulator was criticized for its handling of the collapse of law firm Axiom Ince, which has seen millions of pounds go missing, hundreds of people lose their jobs and triggered an ongoing criminal investigation.
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That's the applicant surge since this time last year at the University of California College of the Law, San Francisco, the alma mater of Democratic presidential contender Kamala Harris. UC Law San Francisco's increase is nearly twice that of the 33% increase in the national applicant pool this year, a number tracked by the Law School Admission Council. Harris has made her legal career a centerpiece of her campaign. |
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In a case against entertainment behemoth Live Nation, the 9th Circuit rejected a common corporate tactic to combat mass consumer arbitration, casting doubt on whether companies can force consumers into consolidated arbitration protocols. Alison Frankel looks at the 9th Circuit's holding that the Federal Arbitration Act does not apply to Live Nation's "batch and bellwether rules." Other companies with similar strategies to avert mass arbitration, she writes, should probably reconsider their arbitration regimes. |
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"A simple Google search might have saved them the time and effort."
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—U.S. District Judge Christopher Conner in Pennsylvania, who dismissed a lawsuit brought by six Republican U.S. Representatives seeking to force the battleground state to strengthen its procedures for verifying ballots submitted by military and overseas voters. Conner found that the plaintiffs had sued too close to the election, among other things. Luc Cohen reports on the ruling. |
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- The 3rd Circuit will hear challenges by AstraZeneca and Bristol Myers Squibb to a measure requiring some drugmakers to negotiate prices with Medicare. The companies and others contend the policy will restrict development of new drugs.
- Nishad Singh, a former executive of bankrupt cryptocurrency exchange FTX who testified against founder Sam Bankman-Fried, is scheduled to be sentenced on fraud charges in federal court in Manhattan.
- A man is expected to plead guilty to charges he helped run a high-end brothel network out of apartment complexes in greater Boston and northern Virginia whose customers included elected officials, tech and pharmaceutical executives, lawyers, professors and military officers.
- The founder of a cryptocurrency financial services firm is expected to plead guilty to engaging in a market manipulation scheme in a case flowing out of an investigation in which the FBI for the first time directed the creation of a new digital token to help authorities ferret out crime.
Court calendars are subject to last-minute docket changes.
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- A $418 million settlement with the National Association of Realtors over home sales commissions is facing a key test after several groups urged a federal judge in Missouri to reject the deal. The challengers include home sellers and buyers pursuing separate lawsuits against the realtors' associations.
- U.S. Bankruptcy Judge Brendan Shannon in Wilmington, Delaware, approved Tupperware Brands' proposal to sell its assets to its lenders, clearing the company to exit bankruptcy with most of its operations intact.
- The 2nd Circuit said three Muslim men cannot sue a group of FBI agents after being placed on the "No Fly List" for refusing to become government informants, holding that the agents were protected by qualified immunity despite their "improper behavior."
- Scott Murray, the former CEO of several publicly-traded companies, was sentenced to 10 months in prison after admitting he launched a fake $4 billion takeover bid for Getty Images Holdings in order to artificially inflate the visual media company's stock price.
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- Day Pitney hired IP partner Brooke Penrose in Boston. Penrose was previously with ArentFox Schiff. (Day Pitney)
- Morrison Foerster picked up partner H. Thomas Felix III for the firm's capital markets practice. Felix, who was previously at Kirkland, is based in San Diego. (Morrison Foerster)
- Corporate and securities partner Christopher Tinen joined Snell & Wilmer's San Diego office. Tinen was previously at Procopio, Cory, Hargreaves, & Savitch. (Snell & Wilmer)
- Honigman added business litigation partner Valerie Stacey. Based in Detroit, Stacey was previously at Jones Day. (Honigman)
- Greenberg Traurig brought on Jera Bradshaw as a Dallas-based partner in the firm's financial regulatory and compliance practice. She was previously at Bradley Arant. (Greenberg Traurig)
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A recent 9th Circuit ruling said a plaintiff bringing an insider trading claim under a certain section of the Securities Exchange Act must show that relevant transactions were close in time. Virginia Milstead, Mark Foster and Raza Rasheed of Skadden dig into the decision. Read today's Attorney Analysis. |
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