Supreme Court Justices Stephen Breyer and Anthony Kennedy spoke candidly about reforms needed in the criminal justice system before a House Financial Services and General Government Subcommittee meeting in Washington D.C. on March 23rd. In a rare off-topic discussion, Justice Kennedy spoke bluntly about the criminal justice system to the committee stating that, “In many
The panel orders from the March hearing of the Judicial Panel on Multi-District Litigation (JPML) have been posted. In keep with a potential trend noted after the January hearing orders were posted, the JPML denied more motions to transfer than it granted. Of particular note is the Transfer Order entered in MDL 2606, In Re: Benicar
It is Friday, April 3rd, a week since the entire world, as it would seem, mouthed a collective ‘wait, you did wha?’ toward the mousy but likable state of Indiana. Governor Mike Pence’s Thursday, March 26th signing of his state’s Religious Freedom Restoration Act (RFRA) began a wave of protestation reminiscent of Ferguson, or even
The U.S. Commodity Futures Trading Commission (CFTC) filed a lawsuit in U.S. District Court in Northern Illinois on Wednesday, April 1st against Kraft foods and snack spinoff, Mondelez International, accusing the companies of price manipulation of the wheat market. The CFTC alleges that Kraft executives and a leading procurement director exchanged several emails outlining a
President Obama vetoed a bill on Tuesday, March 31st that would have blocked changes in the National Labor Relations Board (NLRB) process for organizing and calling for union elections starting April 14th. The 11th-hour bill, which passed along partisan lines, is a response to the NLRB’s December decision to streamline how information is passed from
The orders from the March JPML panel hearing have been posted, and the JPML issued an order denying a motion by a plaintiff to centralize her case in the Mirena IUD device litigation MDL proceeding in the SDNY. In its order, the JPML indicated that centralization into the pending MDL was denied because the potential
The WPLA is broad in its provisions for recovery with some specific limitations. In general, an individual recovering under the WPLA can recover whatever damages they suffered. The Supreme Court discussed damages under the WPLA in Washington stating, “such damages include “any damages recognized by the courts of this state”. Wash. Water Power Co. v.
Definition of “Defect” It is clear that the Washington Product Liability Act (WPLA) protects people from defective products, but what exactly is a defective product? The WPLA avoids the term “defect.” Instead, the statute imposes liability for harm proximately caused by a product that is “not reasonably safe” in its construction, its design, or its
A recent Wall Street Journal report highlights a dramatic increase in personal communication requirements between bank directors, and the Federal Reserve as well as the Office of the Comptroller of Currency (OCC). Shifting away from ‘light-touch’ oversight, these regulators have changed their approach, meeting with boards of directors of the banks it supervises as often
The fallout from one of the messiest mergers in American history appears to have entered its final stage on Monday, March 30th, when Sprint agreed to pay investors $131 million in a settlement dating back to the beleaguered 2005 Nextel acquisition. Lauded at the time as the creation of a telecom dynasty, technological incompatibility led