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Supreme Court Permits Removal under CAFA Without Proof of Amount in Controversy

The Supreme Court overruled the Tenth Circuit in finding that a petition for removal to the federal courts under  the Class Action Fairness Act of 2005  (CAFA), 28 U.S.C. Sec. 1332(d)(A)-(C), was sufficient. The Court found that under CAFA, which gives federal courts jurisdiction over class actions if the amount in controversy exceeds $5 million, a party seeking removal need ...

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IVC Filter MDL – Medical Devices with Serious Risks

Medical researcher T. Young of Australia explained in a 2010 Cochrane Database of Systematic Reviews article that “Inferior vena caval filters [(IVC filters)] are metal alloy devices that mechanically trap fragmented thromboemboli from the deep leg veins en route to the pulmonary circulation.”  In other words, IVC filters are used to stop blood clots from reaching the pulmonary artery, an ...

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Tylenol MDL: Acetaminophen Linked to Serious Side Effects, Death

Last year, a Multidistrict Litigation (MDL) was created to consolidate lawsuits against McNeil PPC, Inc., the company that owns Johnson and Johnson, alleging that “over-the-counter (“OTC”) acetaminophen containing products that are [marketed] and sold under its TYLENOL® brand-name caused liver damage, including liver failure, even when taken as directed.” Currently, there are about 125 Tylenol MDL cases being heard in ...

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Xeralto MDL Transferred to Louisiana

On Friday,  the Judicial Panel on Multi-District Litigation entered an order granting the requests of several plaintiffs to consolidate cases into MDL 2592, In Re Xeralto (Rivaroxaban) Products Liability Litigation. The order transferred this MDL to the Eastern District of Louisiana, with the Honorable Eldon E. Fallon presiding. Judge Fallon has presided over several MDLs, including the Vioxx products liability litigation. A number of ...

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Defective Nissan Brakes: Class-Action Suit Settled

Today, Reuters reported that Nissan North America “agreed to reimburse customers between $20 and $800 each to resolve a lawsuit alleging that defects in certain vehicles caused brakes to fail suddenly, according to court papers.”  Fortunately, no deaths have as yet been attributed to these defective Nissan brakes. According to the Associated Press, “A judge still has to approve the ...

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New DOJ Rules to Curb Racial Profiling

Today, the United States Department of Justice announced policies to curb racial profiling.  To be clear, these rules to curb racial profiling will largely not apply to local police forces.  Local police have come under fire following the fatal shooting of Michael Brown by an officer in Ferguson, Missouri and the tragic death of Eric Garner at the hands of ...

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US Education Reforms: New Push for “No Child Left Behind”

Last week, the Associated Press reported on a renewed push from congressional Republicans for an update to George W. Bush’s signature “No Child Left Behind” education policy.  Whether such education reforms remain politically feasible, even with Republican control of both the House and Senate, is yet to be seen. AP: “In 2013, a bill to update No Child Left Behind ...

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Mercedes Plant Union Possible with National Labor Relations Board Ruling

This week, the National Labor Relations Board “upheld a ruling that Mercedes violated federal labor laws by stopping United Auto Workers union supporters from handing out literature inside its Alabama plant”, as reported by the Associated Press.  While laborers at this Mercedes plant – the largest in the United States – are not organized, the Mercedes parent company, Daimler, has ...

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Wisconsin Right to Work Law Gains Political Potential

WISCONSIN – Yesterday, the Associated Press reported that a conservative group has begun a new effort to establish a Wisconsin right to work law.  The group, called Wisconsin Right to Work, was created “a month after Gov. Scott Walker won a second term and Republicans, many of whom support right-to-work laws, increased their majority in the state Legislature.” (AP) Right ...

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In the news: Androgel Risks, Takata Refuses to Widen Airbags Recall

The FDA issued new risk evaluation and management strategies (REMS) for Androgel 1% and Androgel 1.62% creams, which manufacturer AbbieVie provide information about the use of this medication and risks associated therein. Various news outlets are reporting that air bag manufacturer Takata refused the requests of federal regulators to broaden the scope of the recall of Takata airbags.  Takata failed ...

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