Author Archives: Adam Pulver

Third Circuit rejects J&J bankruptcy attempt to avoid liability to consumers

In a major decision today, the U.S. Court of Appeals for the Third Circuit rejected Johnson & Johnson’s attempt to use bankruptcy to strictly curtail its liability for claims that talc in its consumer products caused cancer. As the Court explained: With mounting payouts and litigation costs, [J&J’s] Old Consumer [entity], through a series of […]

District Court finds 2019 non-consummated settlement bars investigation of realtors group

In 2019, DOJ’s Antitrust Division opened an investigation into practices and policies of the National Association of Realtors (NAR) — the trade and lobbying group representing most of the nation’s real estate agents, brokers, and other professionals, and defendant in several earlier antitrust cases. Among the practices DOJ sought to investigate were NAR’s “clear cooperation […]

Fifth Circuit to consider e-cigarette marketing denial en banc

Tobacco companies have long fought regulatory action to protect consumer health and safety, and while there has been a shift from smokeable products to “e-cigarettes,” the legal battles continue. In 2016, the FDA issued a rule deeming e-cigarettes “new tobacco products,” and requiring manufacturers to submit premarket tobacco product applications (“PMTAs”) before they could sell […]