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  July 18, 2019

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Laws/Cases

 
Appellate Court Remands Case for Improper Jury Instructions
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On July 11, 2019, a California state appeals court found that a jury had heard erroneous instructions involving a plaintiff who hit a freeway barrier to avoid an errant flying mattress. The appellate panel found that the lower court erred in permitting a special exception that “excuses law violations if a defendant can prove it tried but could not comply with the law.”
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 07/18/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    

Decision Expected This Summer in Oklahoma Case Against J&J
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The state of Oklahoma's lawsuit against megacorporation Johnson & Johnson wrapped up its civil case this week in a closely-watched trial. The state's Attorney General has accused Johnson & Johnson (as well as their subsidiary Janssen Pharmaceuticals) of helping to "ignite the opioid crisis with overly aggressive marketing, leading to thousands of overdose deaths over the past decade in Oklahoma alone." A state judge heard the case instead of a jury and a decision is expected later this summer. The state has asked for damages of more than $17 billion to curb the opioid crisis.
Jackie Fortner, National Public Radio 07/16/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: National Public Radio    

Newly Passed Hemp Law in Texas Causes Confusion Over Marijuana Cases
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Earlier this year, the Texas Legislature and Gov. Greg Abbott legalized hemp in the state. This change in the law has caused confusion over the legislation of marijuana across Texas. In the 10 Texas counties with the largest populations, only the district attorney of El Paso is still proceeding with cases dealing with marijuana arrests. In many large jurisdictions across Texas, even Republican district attorneys are dropping "hundreds of cases and not pursuing new low-level marijuana charges because current crime lab equipment can’t distinguish between hemp and marijuana."
Jolie McCullough, Texas Tribune 07/16/2019   Facebook iconTwitter iconLinkedIn Icon
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Sex Assault Case Against Kevin Spacey Dropped in Massachusetts
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A criminal case against actor Kevin Spacey accusing him of sexual assault of an 18-year-old man has been dropped by prosecutors in Massachusettes after the alleged victim refused to take the stand and testify in the case. Spacey pleaded not guilty to the charge and the case made headlines earlier this year after it was revealed that the alleged victim or his family members had deleted messages from his phone before handing it over to the police for the investigation.
Nate Raymond, Reuters 07/17/2019   Facebook iconTwitter iconLinkedIn Icon
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Products

 
Over 80 Hummus Products Recalled Over Listeria Risk
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Texas-based Pita Pal Foods have been forced to recall more than 80 products produced between May 30 and June 25 after an FDA inspection revealed a potential Listeria risk. Impacted products were sold within the United States and the United Arab Emirates under brand names like Bucee's, Fresh Thyme, Harris Teeter, Hummus Hummus, Lantana, Lidl, Pita Pal, Reasor's, Roundy's, Schnucks and 7-Select. Anybody who purchased one of these products during that time frame should return them to the place of purchase for a full refund.
Chelsea Curtis, Arizona Republic 07/18/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Arizona Republic    

Amazon Energy Sued Over "Clean Caffeine" Claims
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A beverage maker is being sued by a consumer in California over misleading claims about their Amazon Energy drinks. The plaintiff's lawsuit says that the defendant's claims that their energy drinks contain "clean caffeine" and are "antioxidant rich" are simply untrue and misleading. The lawsuit seeks "restitution for money acquired due to unfair practices" along with additional relief.
Carrie Bradon, Legal Newsline 07/18/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Legal Newsline    



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