The newest courtroom filings and circumstances that may have an effect on the chance administration and insurance coverage business.

Purdue Pharma Dissolved in Opioid Settlement 

The case: Purdue Pharmaceutical and its homeowners the Sackler household filed for chapter within the face of 1000’s of authorized claims towards the producer of the extremely addictive painkiller OxyContin, in line with the New York Instances.

Scorecard: New York Choose Robert Drain of the U.S. Chapter Court docket authorised the settlement that includes dissolving Purdue Pharmaceutical, granting the Sacklers with “sweeping immunity,” and paving the best way for disbursal of billions of {dollars}, the Washington Put up stories.

Takeaway: The household, now largely shielded from additional legal responsibility, pays greater than $4.5 billion over the course of 9 years, stories from Newsweek observe. Collectors embrace “states, native governments, tribes, hospitals,” amongst others.

The settlement follows an October 2020 lawsuit by which “Purdue pleaded responsible to federal prison expenses for downplaying the addictive qualities of OxyContin,” in line with Newsweek. 9 state attorneys basic aren’t on board with the settlement, and not less than one AG plans to enchantment the ruling.

Not Even a Trace of Lime in Tostitos?

The case: The label sports activities an image of a juicy lime wedge, however Tostitos “Trace of Lime” tortilla chips comprise no lime in any respect, in line with a brand new proposed class motion lawsuit introduced towards snack large Frito-Lay. Plaintiff Frank Ortega filed the fraud grievance within the U.S. District Court docket within the Central District of California.

In accordance with the Nationwide Regulation Evaluation, the grievance notes that the label on the chip package deal is deceptive. “Claims are based mostly on alleged violations of California shopper safety legal guidelines, federal guarantee regulation, federal commerce regulation, and unjust enrichment.”

Scorecard: The case has just lately been filed and has not reached a decision.

Takeaway: This case echoes a submitting made earlier this yr within the U.S. District Court docket for the Southern District of Illinois that additionally claims deceptive labeling of lime content material.

The California case provides that after receiving discover of the lawsuit, Frito-Lay “engaged in label adjustments on its web site” by including the parenthetical, “together with pure lime taste,” after “Pure Taste” within the record of substances, as reported by The Nationwide Regulation Evaluation.

Pilots Union Sues Southwest Over Pandemic Adjustments

The case: The Southwest Airways Pilots Affiliation has introduced go well with towards employer Southwest Airways, claiming that new guidelines launched earlier than and through the COVID-19 pandemic “have modified pay charges and dealing guidelines, in violation of federal labor regulation,” in line with the Related Press.

The grievance was filed within the U.S. District Court docket for the Northern District of Texas. The crux of the matter is the best way by which Southwest carried out adjustments “with out first reaching a brand new collective bargaining settlement with the union after the earlier deal expired in August 2020,” as reported in The Hill. The union represents greater than 9,000 pilots.

Scorecard: The case has just lately been filed and has not reached a decision.

Takeaway: Southwest disagrees with the plaintiffs, saying that adjustments have been vital and never topic to typical negotiations given the weird circumstances of the pandemic.

Earlier this yr, the airline paid incentives to encourage worker furloughs, however Southwest was unprepared for the rise in air journey this summer time.

Pilots and flight attendants blame the airline for subsequent delays and cancellations, and the union is contemplating picketing airports to publicize its grievances, in line with The Hill.

Too A lot Like a Hershey’s Kiss?

The case: California baker The Cookie Division is suing the Hershey Firm for the rights to a picture of a stylized chocolate teardrop.

The case, filed within the Northern District of California, follows up on Hershey’s grievance that The Cookie Division package deal graphic appears to be like an excessive amount of like a Hershey’s Kiss. The Cookie Division stated “the teardrop it has used since 2009 merely depicts the ‘universally identified’ form of a chocolate chip,” as reported by Reuters.

Scorecard: The case has just lately been filed and has not reached a decision.

Takeaway: This dispute is one in a collection between the 2 snack makers. Beforehand, The Cookie Division sued Hershey for copyright infringement relating to product labeling language. Each corporations employed related package deal phrasing.

The Cookie Division’s product is known as “Robust Cookie,” and Hershey’s One Bar Protein Chocolate Chip Cookie Dough flavored bar reads “TOUGH COOKIES ONLY.”

Hershey then threatened to convey a trademark lawsuit accusing The Cookie Division “of borrowing Kisses’ ‘conical configuration’ with out permission,” and that go well with “was in retaliation for its personal lawsuit accusing Hershey of infringing its ‘Robust Cookie’ mark,” in line with Reuters. &

Jared Shelly is a journalist based mostly in Philadelphia. He could be reached at [email protected]
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