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"This dynamic organization is a prominent force in both judicial and regulatory arenas, promoting economic growth and allowing free enterprise to prosper. If you share my beliefs that our country’s ability to compete in the world economy should not be hindered by excessive regulation and unreasonable court decisions, I encourage you to join WLF in defending free enterprise."
The Honorable Dick Thornburgh
K&L Gates LLP
Chairman, WLF Legal Policy Advisory Board
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Today at WLF's Legal Pulse BlogBy Frank Cruz-Alvarez, Shook, Hardy & Bacon, L.L.P. (co-authored with Talia Zucker, Shook, Hardy & Bacon, L.L.P.) On April 4, 2014, the U.S. Court of Appeals for the Eighth Circuit breathed new life into a proposed consumer class action lawsuit that was previously—and properly—dismissed with prejudice by the U.S. District Court for the District of Minnesota. Instead of affirming the district court’s decision, the Eighth Circuit, in an attempt to save the lawsuit, reversed and remanded Melvin Wallace v. ConAgra Foods, Inc., — F.3d —-, 2014 WL 1356860 (8th Cir. Apr. 4, 2014), to the Minnesota state court where it originated. In doing so, the court’s ruling, either by design or by accident, undermined the framework and legislative purpose of the Class Action Fairness Act (“CAFA”). The case originated in May of 2012, when a group of consumers purporting to represent a putative class sued ConAgra Foods, alleging that some of the company’s Hebrew National beef products are not 100% kosher . . . (continue reading) |
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Accenture, LLP v. Wellogix, Inc.
On April 18, 2014, WLF filed a brief in the U.S. Supreme Court urging it to review, and ultimately overturn, a federal jury’s eye-popping $50 million award against Accenture, LLC for the alleged misappropriation of a trade secret. The case raises...
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In re Johnson & Johnson
On April 11, 2014, the U.S. Court of Appeals for the Tenth Circuit declined to give its full blessing to efforts by out-of-state defendants to remove lawsuits from state court to federal court when the suits involves numerous plaintiffs. But the...
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In re: FDA Expansion of IND Requirements
On April 8, 2014, WLF filed formal comments with FDA, urging it to rescind a recently released guidance document that asserts agency approval rights over virtually all human research studies performed in the United States. WLF argued that FDA lacks...
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Galderma Labs., L.P. v. Tolmar, Inc.
On March 27, 2014, the U.S. Court of Appeals for the Federal Circuit declined to reconsider its previous decision that shifted the burden of proof in certain patent infringement cases from the alleged infringer to the patentee. The order denying...
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Mingo Logan Coal Co. v. EPA
On March 24, 2014, the U.S. Supreme Court issued a one-sentence order declining to review an appeals court ruling that upheld the Environmental Protection Agency’s (EPA) purported authority for revoking a Clean Water Act discharge permit years after...
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