U.S. Courts News Reporter
This post comes from the non-Butler Snow side of the blog.
The Bair Hugger MDL has an up and down history. First, we lauded the district court’s Rule 702 rulings that led to summary judgment across the board for the defendant. But then the Eighth Circuit reversed. The cases came back to the district court and the litigation has hobbled along since. That’s all about the substance of the cases. On procedure, the defendant is now batting two for two. … Read the rest
In a significant decision that clarifies the standards for determining controlling stockholder status, the Delaware Court of Chancery dismissed claims against AstraZeneca and Viela Bio’s directors in connection with Viela’s $ 3 billion sale to Horizon Therapeutics. The case, Sciannella v. AstraZeneca UK Limited et al., addressed whether AstraZeneca, which held a 26.7% stake in Viela, exercised control over the company and whether the merger was subject to business judgment review under Corwin v. KKR Financial Holdings LLC. Vice … Read the rest
The environmental climate change case that has attracted the most attention, Juliana v. United States has come to an unceremonious end and all Americans should be concerned. On May 1, 2024, the Ninth Circuit Court of Appeals ordered, “The district court is instructed to dismiss the case forthwith for lack of Article III standing, without leave to amend.”
Without regard to one’s perspective on the merits of the claims, the dismissal of this case after nearly a decade … Read the rest
A pair of malic acid decisions recently issued by Judge Coleman in the Northern District Court of Illinois reaffirmed that the statements “natural flavors with other natural flavors” and “no artificial flavors” receive different treatment under state false advertising laws, at least in that district.
In Boss v. Kraft Heinz Co., the plaintiffs alleged that Kraft Heinz’s MiO water-flavoring products contained synthetic malic acid, rendering false and misleading the claim “natural flavors with other natural flavors” on the products’ … Read the rest