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|CPSC Likely to Proceed with October Hearing on Magnet Rule|
Matthew Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 17, 2013, previously published on September 16, 2013This week, the Consumer Product Safety Commission (“CPSC”) will decide whether to hold a full Commission hearing to receive oral comments on a notice of proposed rulemaking on magnet set safety. If the meeting notice is approved as drafted, the hearing will take place at 10 AM EST on...
|Going Green: California Adopts Groundbreaking Safer Consumer Products Regulations|
Todd A. Harrison, Claudia A. Lewis, Gregory J. Sater, Erin Elizabeth Warren; Venable LLP;
September 16, 2013, previously published on September 2013On August 28, 2013, California’s Office of Administrative Law approved the Department of Toxic Substances Control’s (DTSC’s) landmark Safer Consumer Products Regulations. These bold regulations are an integral part of the state’s Green Chemistry Initiative to accelerate the...
|The Reasonable Consumer’s Understanding of “All Natural” - Legal or Factual Issue?|
Michelle Gillette; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 14, 2013, previously published on September 12, 2013Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot?
|California Green Chemistry Regulation to Be Effective October 1, 2013|
Keller Heckman LLP;
September 9, 2013, previously published on September 4, 2013On August 23, 2013 the Department of Toxic Substances Control (DTSC) released the final version of the Safer Consumer Products Regulation that had been reviewed by the Office of Administrative Law for a 15 day comment period, limited to comments on the changes that were made as a result of this...
|I’ve Been Sued for What? — Fiduciary Duty Claims Against Hedge Fund Managers and How to Avoid Them|
Zachary G. Newman, Jonathan M. Proman; Hahn & Hessen LLP;
September 3, 2013, previously published on August 2013Not every investment or transaction performs as planned. Losses and depressed asset values have compelled certain investors to file breach of fiduciary duty claims against hedge, asset, and investment managers in an attempt to recoup losses. This article outlines “fiduciary duty” by...
|Admissibility of Plaintiffs’ Conduct in a Products Liability Case|
Howard I. Miller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 30, 2013, previously published on August 20, 2013It would no doubt be helpful to present a jury with information of how plaintiff was driving too fast in choppy water before being thrown from a boat or how the plaintiff allowed lint to collect in the exhaust duct before a fire in the dryer caused property damage. But, in the product liability...
|The Criminal Court System in Florida|
Dyer Knudsen Law;
August 29, 2013, previously published on Summer 2013A quick rundown of what to expect when you've been arrested in Florida.
|Limitations and Debt Collection|
Madhu Kalra; Kalra Law Firm Professional Corporation;
August 24, 2013There is a statute of limitation on debts collection which must be affirmatively pleaded and proved by debtor in order to avoid collection judgment
|Sixth Circuit Rejects Class Settlement Over Excessive Payments to Class Counsel and Named Plaintiffs|
Archis A. Parasharami; Mayer Brown LLP;
August 16, 2013, previously published on August 14, 2013The federal courts of appeals continue to scrutinize class-action settlements closely when the direct benefits to class members are overshadowed by the attorneys’ fees that flow to plaintiffs’ counsel. The most recent example is Greenberg v. Procter & Gamble Co., No. 11-4156 (6th...
|Minding Your P’s, Q’s and Commas (Maybe)|
Paul E. Rossler; GableGotwals;
August 13, 2013, previously published on August 12, 2013If you’ve ever wondered what the term, “continuous microtextured skin layer over substantially the entire laminate” means, then you’re not alone. The Federal Circuit recently pondered this very thing in deciding a patent infringement case brought by 3M against Tredegar, a...