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Business lobby prods 9th Circuit to revisit decision curbing consumer arbitration

I told you that the 9th U.S. Circuit Court of Appeals was going to get blowback from its June 28 rulings in a trio of cases in which plaintiffs claimed they couldn’t be forced into arbitration because they sought injunctions against corporate defendants. That resistance has arrived: The Chamber of Commerce and other business and employer groups have just submitted amicus briefs calling on the 9th Circuit to reconsider decisions that, in the views of these amici, eviscerate mandatory

Domino’s plaintiff to SCOTUS: Give ADA web accessibility case law time to develop

Business groups are clamoring for the U.S. Supreme Court to dam a deluge of litigation over the accessibility of their websites and mobile apps to disabled customers. As I told you last month, trade groups and right-leaning public interest shops have filed amicus briefs urging the justices to grant review of a ruling (913 F.3d 898) by the 9th U.S. Circuit Court of Appeals that allowed a blind Domino’s customer to move ahead with claims that the pizza company violated the Americans wi

Accused of soliciting deceptive online reviews, Pittsburgh law firm settles

A couple months back, I told you about a novel suit by a former client of the Pittsburgh employment law firm Kraemer Manes & Associates. Tabatha Wolfe alleged that after she was sexually assaulted at work, she went online to look for a law firm to represent her. Based on Kraemer Manes’ stellar reviews on Facebook and Google, Wolfe said, she signed a retainer agreement with the firm. Wolfe soon soured on Kraemer Manes, though. In a 2018 complaint in the Alleghany County Court of Commo

Why would allegedly defrauded Akorn investors want … more Akorn stock?

The generic drugmaker Akorn is facing a world of trouble. The German healthcare giant Fresenius, which received court approval last year to walk away from a $4.75 billion deal to acquire Akorn, is suing Akorn in Delaware Chancery Court for damages from the busted deal. The U.S. Food and Drug Administration is investigating data integrity issues at the company’s manufacturing plants, issuing two warning letters this year about potential regulatory shortcomings. Akorn is also feeling p

Cellino & Barnes’ nasty split sparks novel questions on derivative suits

I think we all know why the personal injury firm of Cellino & Barnes will be remembered regardless of the outcome of a nasty breakup proceeding between its two name partners. It’s that jingle, of course. Just try to get it out of your head. The earworm jingle – and the law firm’s ubiquitous advertising on television, radio and billboards in New York – helped make Cellino & Barnes into a juggernaut, generating more than $10 million in profits each year since 2015 for its only two shar

The gun industry’s clear and present danger: liability to shooting victims

The day before a gunman killed 22 shoppers at an El Paso Wal-Mart in what appears to be a racially motivated hate crime, the maker of a military-style semi-automatic rifle used in the 2012 massacre at Sandy Hook Elementary School pleaded with the U.S. Supreme Court to shut down an attack on the firearms industry.

Senators Collins, Cantwell introduce bill to undo Trump order on ALJ hiring

Senators Susan Collins, a Maine Republican, and Maria Cantwell, a Democrat from Washington, introduced a bill Wednesday that would require executive agencies to pick administrative law judges who have been pre-approved by the federal Office of Personnel Management. The proposed law, dubbed the ALJ Competitive Service Restoration Act, mirrors a bipartisan bill introduced in May in the House of Representatives. If enacted, the bills would effectively override an executive order Preside

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