Since prescription opioids were first introduced for pain treatment in the 1990s, the number of drug overdose deaths has quadrupled, and more than a half million Americans have died from an overdose involving an opioid.[1] The CDC has labeled this an epidemic, and most agree that it is a public health crisis. But courts
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Yeezy Settlement Highlights Potential Pitfalls of Shipping Delays Amid the Pandemic
Amid the holiday cheer this year, you may have noticed longer shipping times and more items out of stock, even as you’ve ordered more online than in the past. Businesses and consumers alike have learned over the past 21 months that the COVID-19 pandemic has led to supply chain bottlenecks and hampered delivery times. Companies…
Recent New York Federal Court Decisions Hold that the ADA Does Not Cover Websites
Plaintiffs continue to file website accessibility lawsuits at a rapid pace, but two recent decisions in New York federal court may reduce certain types of filings in that forum.[1] In these cases, both out of the U.S. District Court for the Eastern District of New York, the courts held that websites are not…
Personal Jurisdiction: State Court Application of Ford Motor Co. v. Montana Eighth Judicial District Court
In March, the Supreme Court addressed the test for specific personal jurisdiction in Ford Motor Co. v. Montana Eighth Judicial District Court.[1] The Court considered whether the test’s second prong — which requires that a plaintiff’s claims “arise out of or relate to” the defendant’s forum contacts — requires strict causation.
The Court rejected…
Rising Regulations as E-Scooters Continue to Hit the Streets
Over the last few months, you may have seen more e-scooters on the streets as people have felt safer returning to schools and to the office, and have been gathering more frequently with family and friends. E-scooters have many potential benefits: they help alleviate traffic and city congestion by getting gas-powered vehicles off the streets…
The Hot Coffee Case Revisited: Has Proximate Cause Changed in the 25 Years Since Liebeck v. McDonald’s Restaurants?
Two cases decided 25 years apart, but there were some facts in common: a hot drink, a consumer alleging that she was burned by the drink, and a lawsuit. These are the facts of the 1994 case Liebeck v. McDonald’s Restaurants that resulted in an award of millions to the consumer, but also the facts…
ADA Website Litigation: Eleventh Circuit Holds Website is Not Subject to Title III
Plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites violate Title III of the Americans with Disabilities Act (ADA) because the sites are not accessible to visually impaired customers. But these lawsuits assume an answer to an unresolved question: does Title III apply to websites? Title III applies to “places…
UPDATE: Companies Defending Personal Injury or Wrongful Death Suits in Illinois Now Face Prejudgment Interest
Illinois Governor J.B. Pritzker recently signed into law SB0072 (the “Prejudgment Interest Act”), a revised version of the bill he had previously vetoed and that we discussed in a prior alert. The Prejudgment Interest Act will amend the Code of Civil Procedure (735 ILCS 5/2-1303) to provide plaintiffs with prejudgment interest on…
The FTC’s Operation CBDeceit, A Piece of the CBD Regulatory Pie
Since 2019, the Federal Trade Commission and the U.S. Food and Drug Administration have warned companies that make or sell cannabidiol (CBD) products that it is illegal to label and advertise that their products prevent, treat, or cure human disease without FDA approval or competent and reliable scientific evidence to support their claims. Both agencies…
ADA Website Litigation Continues to Proliferate in 2021
U.S. companies have been inundated with lawsuits in the past several years alleging that their websites do not comply with the Americans with Disabilities Act (ADA) and various state laws, including the California Unruh Act. Plaintiffs claim that the websites do not meet the Web Content Accessibility Guidelines (WCAG) created by the nonprofit World Wide…