Tag Archives: gt_law

It’s the Law: Don’t Sell Your Homebrew!

Homebrewing and drinking craft beer are both widely popular. Currently, there are more than 6,000 craft breweries in the U.S., and over 2,000 homebrew clubs. As brewing for fun and profit has become more widespread, the applicable legal framework has also developed – and compliance is just as important for hobbyists as for professionals. At … Continue Reading

Illinois Proposes Stricter Lead Rules for Public Intervention, Enforcement Actions

Illinois is proposing a new rule that would lower the state’s “action level” for children with lead in their blood. The new rule would also stiffen penalties for those who violate the Lead Poisoning Prevention Act and Code. The rule, proposed by the Illinois Department of Public Health (IDPH), would lower the threshold level of … Continue Reading

Appellate Court Opens Door to Jury Trials in Proposition 65 Cases

The California Court of Appeal, First Appellate District (First District) recently reversed course on an important issue in the Proposition 65 world by indicating that a jury trial may be available to defendants in certain circumstances. The decision, Nationwide Biweekly Administration, Inc., et al., v. The Superior Court of Alameda County, Opinion, A150264, (June 13, … Continue Reading

Greenberg Traurig’s Gene Livingston to Chair Prop 65 Clearinghouse Annual Conference

Greenberg Traurig’s Gene Livingston, shareholder and chair of the Proposition 65 & Green Chemistry Practice, will be chairing Prop. 65 Clearinghouse’s 13th Annual Prop. 65 Conference at the Julia Morgan Ballroom in San Francisco. The Conference will take place on Monday, Sept. 24. According to the organization, attendees will be privy to hands-on advice from … Continue Reading

Standing and the Right to Sue Under Illinois’ Biometric Information Privacy Act

Greenberg Traurig Shareholder Brett M. Doran authored an article published in DRI titled “Standing and the Right to Sue Under Illinois’ Biometric Information Privacy Act.” The article examines Illinois Biometric Information Privacy Act (BIPA) class actions and how courts have treated challenges to plaintiffs’ standing or right to sue. Click here to read the full … Continue Reading

Prop 65 Ruling Based on Old Science

Greenberg Traurig Shareholder Anthony J. Cortez and Associate Will Wagner co-authored an article in the Tea and Coffee Trade Journal titled “Prop 65 Ruling Based on Old Science,” discussing a recent Proposition 65 ruling that affects the sale of coffee in the state of California. To read the full article, please click here.… Continue Reading

Illinois Appellate Court Recognizes Joint Defense Privilege

An Illinois appellate court has formally recognized what both state and federal courts have already considered to be the law—that coparties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either the attorney-client or work-product privilege when they do so.1Parties may object to disclosing … Continue Reading

EPA Concludes Glyphosate is Not Likely to be Carcinogenic to Humans

EPA concluded in draft risk assessments that a widely used herbicide in the United States that controls weeds and grasses— glyphosate—is “not likely to be carcinogenic to humans.”  Importantly, the assessment also “found no other meaningful risks to human health when the product is used according to the pesticide label.”  According to EPA, this finding … Continue Reading

Plaintiffs Must Plead Facts Which Directly Contradict Allegedly False Statements to Plead ICFA Claims Based on Falsity

In a recent decision by Judge Thomas M. Durkin of the Northern District of Illinois, the Court recognized an important distinction for Illinois Consumer Fraud Act (ICFA) claims between a claim for “actual falsity” and one for “lack of substantiation.” Spector v. Mondelez Int’l, Inc., 15 C 4298, 2017 WL 4283711, at *10 (N.D. Ill. … Continue Reading

Massachusetts Businesses Face Consumer Class Actions Alleging Improper Product Substitution

The Massachusetts Consumer Protection Act (Chapter 93A) protects consumers against unfair or deceptive business practices and allows consumers, under certain circumstances, to bring class actions against businesses to stop such practices and seek damages. Generally, unless a business responds to a presuit demand letter with a reasonable settlement tender, violation of Chapter 93A requires payment of … Continue Reading

Northern District of Illinois Employs the “Substantially Similar” Test to Decide Whether a Plaintiff Has Standing to Assert Claims for Products He Did Not Purchase

The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase, remains a vexing one for courts.  Judge St. Eve of the Northern District of Illinois recently weighed in on this issue.  In Wagner v. General Nutrition Corp., (No. 16-cv-10961, July 19, 2017), … Continue Reading

Anthony Cortez to Participate on AHPA’s California Prop 65 Webinar

Global law firm Greenberg Traurig, LLP’s  Anthony J. Cortez will participate on the American Herbal Products Association’s (AHPA) webinar panel, “CA Prop 65: Regulatory, Compliance and Litigation Developments,” July 25. The webinar will discuss the recent developments related to Prop. 65 and the current litigation and regulatory environment. With his fellow panelists, Cortez will explain … Continue Reading

Northern District of Illinois Commences Mandatory Initial Discovery Pilot Program

On June 1, 2017, the Mandatory Initial Discovery Pilot Project (MIDP) took effect in the Northern District of Illinois. With only limited exceptions, the MIDP applies to all cases filed after June 1 and significantly impacts how cases in the Northern District of Illinois will proceed. In particular, cases in which defendants are seeking to … Continue Reading

Developments in Recent NY Medical Monitoring Claims

As readers of this blog know, we have been closely following developments regarding claims for medical monitoring.  (Medical Monitoring Claims in Illinois, Part 1; Medical Monitoring Claims in Illinois, Part 2.) A recent decision arising out of Hoosick Falls, New York, allowed Plaintiffs’ request for a medical monitoring fund to survive defendants’ motion to dismiss. On … Continue Reading

GT’s Rob Herrington Honored by Century City Bar Association as 2017 Class Action Litigation Lawyer of the Year

California’s Century City Bar Association (CCBA) recently selected GT Century City shareholder Robert J. Herrington, Co-Chair of the global law firm’s Products Liability and Mass Torts Practice, as the 2017 Class Action Litigation Lawyer of the Year. Herrington was honored at the Association’s 49th Annual Installation Banquet and Awards Ceremony at the Intercontinental Hotel, Century … Continue Reading

Product Stewardship and Textiles

The environmental parameters associated with textiles continue to attract both regulatory and value chain attention. In an interesting development, Vietnam just relaxed its chemical testing rules for exported textiles (e.g., textiles and apparel exported to the U.S. and EU markets), specifically for formaldehyde and aromatic amines. Formaldehyde is frequently used in treating textiles, including popular … Continue Reading

Medical Monitoring Claims in Illinois, Part 2

In our last post, we discussed Illinois Appellate Court decisions concerning medical monitoring claims. Plaintiffs have been similarly unsuccessful at the trial court level. Judge Leroy Martin in the Circuit Court of Cook County (Chancery) dismissed a medical monitoring claim pursuant to defendants’ 735 ILCS 5/2-615 motion to dismiss. See Pierscionek v. Ill. High Sch. … Continue Reading

D.C. Circuit Limits the FCC’s Rulemaking Authority Under the TCPA … and the FCC Chairman Agrees

On March 31, 2017, the D.C. Circuit held that the Federal Communications Commission (FCC) lacked authority under the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act (collectively, the TCPA), to issue a rule, known as the “Solicited Fax Rule,” requiring businesses to include opt-out notices on solicited fax advertisements. Bais Yaakov … Continue Reading

Medical Monitoring Claims in Illinois, Part 1

Medical monitoring has yet to gain traction in Illinois. Plaintiffs with medical monitoring only claims – seeking future testing to determine whether defendants’ alleged negligence has caused the injuries feared  –  have been unsuccessful in Illinois. Although the Illinois Supreme Court has not ruled specifically on medical monitoring, existing Illinois law does not allow for … Continue Reading

GT Attorneys to Address Prop. 65 in Practice – Lessons Covering Hot Topics and Recent Developments Affecting Consumer Product Companies

On Tuesday, April 4, 2017, at 1:00 pm ET, Greenberg Traurig Attorneys Anthony Cortez and Greg Sperla will be presenting a webinar hosted by AudioSolutionz entitled “Proposition 65 – Hot Topics and Recent Developments Affecting Consumer Product Companies.”  This webinar will assist attendees to better understand the Impact of Proposition 65 on retail business and … Continue Reading

Greenberg Traurig’s Food & Beverage Group Presents at Natural Products ExpoWest

Greenberg Traurig’s Food & Beverage practice group recently gave a very well-attended presentation at the world’s largest natural, organic, and healthy products show of the year in Anaheim, California, Natural Products ExpoWest. The presentation, entitled “All Natural to Zero Calories: The A to Z of Claims,” addressed claims made for products in the food and … Continue Reading

Key Class Action Takeaways From Briseno v. ConAgra Foods

In Briseno v. ConAgra Foods, Inc., ___ F.3d ___ (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require plaintiffs to establish an “administratively feasible” means of identifying putative class members, expressly rejecting decisions like Carrera v. Bayer Corp., 727 F.3d 300, 306-08 (3d Cir. 2013). But the decision goes … Continue Reading

Greenberg Traurig’s Gretchen Miller Chairs Defense Research Institute’s Annual Product Liability Conference

Gretchen N. Miller, Products Liability & Mass Torts shareholder at Greenberg Traurig, is serving as Program Chair for the Defense Research Institute’s (DRI) 2017 Products Liability Conference. The annual event will take place Feb. 8-10, 2017, at the Cosmopolitan of Las Vegas. Miller will be welcoming conference attendees on Wednesday, Feb. 8, at 8:15 a.m., … Continue Reading

EPA: Research Shows Herbicide Glyphosate Unlikely to Cause Cancer

Introduction The Environmental Protection Agency (EPA) recently concluded that the available data at this time suggest that the herbicide, glyphosate, is “not likely to be carcinogenic to humans.” The EPA’s Office of Pesticide Programs (OPP) undertook the glyphosate study as part of its periodic review of pesticides registered under the Federal Insecticide, Fungicide and Rodenticide … Continue Reading
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