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Court widens options for vaping companies pushing back against FDA rules
Law Firm Press Release |
2025/06/22 11:37
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The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.
The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.
The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.
The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.
The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.
The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.
The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”
The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.
In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.
The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court’s April decision.
Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.
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Virginia Democrats move to round out ticket in key off-year election
Legal Information |
2025/06/19 11:37
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Former Del. Jay Jones will look to be the face of legal resistance to President Donald Trump in Virginia after winning Tuesday’s closely watched Democratic state primary for attorney general.
Jones will face Republican Attorney General Jason Miyares in the November general election. His victory was a critical step for Democrats in rounding out their ticket ahead of a bellwether election later this year.
Democrats are also nominating their pick for lieutenant governor from a field of six candidates. State Sen. Ghazala Hashmi led Former Richmond City Mayor Levar Stoney in the tightly locked race Tuesday night, and she declared victory, but The Associated Press deemed the race too early to call.
The November election is sure to make history as Virginia is set to elect its first female governor since the state’s first governorship 250 years ago. Democrat Abigail Spanberger, who ran for the Democratic nomination unopposed, will battle Republican Lt. Gov. Winsome Earle-Sears — the only Republican who qualified for the ballot.
Virginia is one of two states that host statewide elections the year after a presidential election — New Jersey is the other — and the races are typically seen as referendums on the party in power before Congress heads into midterm elections.
Analysts will be looking for clues in both states about voter sentiment with Trump back in the Oval Office and Republicans controlling power in Washington.
Democrats’ hold on Virginia has slipped in recent years, moving it close to swing-state status nationally. Republican Gov. Glenn Youngkin beat former Gov. Terry McAuliffe in 2021.
Still, Democrats have history on their side: The party of the sitting president typically suffers defeat in Virginia’s statewide races. And considering Trump has never won the state, Democrats are probably better positioned to make gains once their ticket solidifies.
Jones won the Democratic nomination in the race for attorney general despite his opponent casting him as lacking criminal prosecutorial experience.
Jones, who represented Norfolk in the House of Delegates for four years, comes from a long line of Hampton Roads politicians. His father was also a delegate, and his grandfather was the first Black member of the Norfolk School Board. Jones previously ran for attorney general in 2021 but lost the primary to Democratic incumbent Mark Herring.
He defeated Democrat Shannon Taylor, who has served more than a decade as the top prosecutor in the suburbs outside Richmond after flipping the open seat in 2011.
On the campaign trail, Jones touted himself as a candidate with the experience best suited for the job: He had worked as an assistant attorney general in Washington, where he said he had litigated consumer protection cases.
If elected attorney general, he also vowed to push back against Trump in court.
“I am ready for this fight and to win this November,” Jones said in a victory statement.
The six Democrats vying to be Virginia’s next lieutenant governor aren’t all that different on the issues: They support rights to abortion, a living wage, affordable housing and accessible health care. They also share similar criticisms of Trump.
The candidates notably fracture along regional lines.
Stoney has touted his ties to the Democratic Party and experience working under former Govs. Mark Warner and Terry McAuliffe.
Hashmi is also from the Richmond area, representing part of the city and suburbs. She has pushed reproductive health in her bid and has been endorsed by abortion rights political action committees.
Virginia Sen. Aaron Rouse, from Virginia Beach with ties to southwest Virginia, has also highlighted his legislative accomplishments.
Prince William County School Board Chair Barbur Lateef, former federal prosecutor Victor Salgado and retired U.S. Department of Labor worker Alex Bastani are from northern Virginia.
Only one Republican candidate in each statewide contest is advancing to the ballot.
Earle-Sears became the gubernatorial nominee after Republicans Dave LaRock and Amanda Chase failed to collect enough signatures to qualify for the ballot. Both LaRock and Chase initially challenged Earle-Sears for not being fully aligned with Trump.
Conservative talk-radio host John Reid became the de facto nominee for lieutenant governor after his primary opponent left the race, and despite intraparty quarreling over whether he was tied to a social media account reposting pornography.
Miyares sailed to his spot on the ballot as the nominee for attorney general after announcing his reelection bid. On Tuesday night, he said of Jones’ victory: “My opponent’s ideological record makes Virginia families less safe and our streets more violent.”
All 100 seats of the House of Delegates are up for election in November.
In Virginia’s more competitive districts, Democrat May Nivar won her primary race and will be taking on Republican incumbent Del. David Owen in a Richmond-area district that House liberals are vying to flip. Democrat Lindsey Dougherty won her primary race and will battle Republican Del. Carrie Coyner in a Petersburg-area district.
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Judge blocks plan to allow immigration agents in New York City jail
Law Firm Press Release |
2025/06/15 11:10
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A judge blocked New York City’s mayor from letting federal immigration authorities reopen an office at the city’s main jail, in part because of concerns the mayor invited them back in as part of a deal with the Trump administration to end his corruption case.
New York Judge Mary Rosado’s decision Friday is a setback for Democratic Mayor Eric Adams, who issued an executive order permitting U.S. Immigration and Customs Enforcement and other federal agencies to maintain office space at the Rikers Island jail complex. City lawmakers filed a lawsuit in April accusing Adams of entering into a “corrupt quid pro quo bargain” with the Trump administration in exchange for the U.S. Justice Department dropping criminal charges against him.
Rosado temporarily blocked the executive order in April. In granting a preliminary injunction, she said city council members have “shown a likelihood of success in demonstrating, at minimum, the appearance of a quid pro quo whereby Mayor Adams publicly agreed to bring Immigration and Customs Enforcement (”ICE”) back to Rikers Island in exchange for dismissal of his criminal charges.”
Rosado cited a number of factors, including U.S. border czar Tom Homan’s televised comments in February that if Adams did not come through, “I’ll be in his office, up his butt saying, ‘Where the hell is the agreement we came to?’ ”
Adams has repeatedly denied making a deal with the administration over the criminal case. He has said he deputized his first deputy mayor, Randy Mastro, to handle decision-making on the return of ICE to Rikers Island to make sure there was no appearance of any conflict of interest.
Rosado said that Mastro reports to Adams and “cannot be considered impartial and free from Mayor Adams’ conflicts.”
Mastro said in a prepared statement Friday the administration was confident they will prevail in the case. “Let’s be crystal clear: This executive order is about the criminal prosecution of violent transnational gangs committing crimes in our city. Our administration has never, and will never, do anything to jeopardize the safety of law-abiding immigrants, and this executive order ensures their safety as well,” Mastro said.
City Council Speaker Adrienne Adams, who is running in the Democratic primary for mayor, called the decision a victory for public safety.
“New Yorkers are counting on our city to protect their civil rights, and yet, Mayor Adams has attempted to betray this obligation by handing power over our city to Trump’s ICE because he is compromised,” she said in a prepared statement.
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Getty Images and Stability AI clash in UK copyright trial testing AI's future
Legal Information |
2025/06/10 11:10
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Getty Images is facing off against artificial intelligence company Stability AI in a London courtroom for the first major copyright trial of the generative AI industry.
Opening arguments before a judge at the British High Court began on Monday. The trial could last for three weeks.
Stability, based in London, owns a widely used AI image-making tool that sparked enthusiasm for the instant creation of AI artwork and photorealistic images upon its release in August 2022. OpenAI introduced its surprise hit chatbot ChatGPT three months later.
Seattle-based Getty has argued that the development of the AI image maker, called Stable Diffusion, involved “brazen infringement” of Getty’s photography collection “on a staggering scale.”
Tech companies have long argued that “fair use” or “fair dealing” legal doctrines in the United States and United Kingdom allow them to train their AI systems on large troves of writings or images. Getty was among the first to challenge those practices when it filed copyright infringement lawsuits in the United States and the United Kingdom in early 2023.
“What Stability did was inappropriate,” Getty CEO Craig Peters told The Associated Press in 2023. He said creators of intellectual property should be asked for permission before their works are fed into AI systems rather than having to participate in an “opt-out regime.”
Getty’s legal team told the court Monday that its position is that the case isn’t a battle between the creative and technology industries and that the two can still work together in “synergistic harmony” because licensing creative works is critical to AI’s success.
“The problem is when AI companies such as Stability AI want to use those works without payment,” Getty’s trial lawyer, Lindsay Lane, said.
She said the case was about “straightforward enforcement of intellectual property rights,” including copyright, trademark and database rights.
Getty Images “recognizes that the AI industry is a force for good but that doesn’t justify those developing AI models to ride roughshod over intellectual property rights,” Lane said.
Stability AI had a “voracious appetite” for images to train its AI model, but the company was “completely indifferent to the nature of those works,” Lane said.
Stability didn’t care if images were protected by copyright, had watermarks, were not safe for work or were pornographic and just wanted to get its model to the market as soon as possible, Lane said.
“This trial is the day of reckoning for that approach,” she said.
Stability has argued that the case doesn’t belong in the United Kingdom because the training of the AI model technically happened elsewhere, on computers run by U.S. tech giant Amazon.
The judge’s decision is unlikely to give the AI industry what it most wants, which is expanded copyright exemptions for AI training, said Ben Milloy, a senior associate at UK law firm Fladgate, which is not involved in the case.
But it could “strengthen the hand of either party – rights holders or AI developers – in the context of the commercial negotiations for content licensing deals that are currently playing out worldwide,” Milloy said.
In the years after introducing its open-source technology, Stability confronted challenges in capitalizing on the popularity of the tool, battling lawsuits, misuse and other business problems.
Stable Diffusion’s roots trace back to Germany, where computer scientists at Ludwig Maximilian University of Munich worked with the New York-based tech company Runway to develop the original algorithms. The university researchers credited Stability AI for providing the servers that trained the models, which require large amounts of computing power.
Stability later blamed Runway for releasing an early version of Stable Diffusion that was used to produce abusive sexual images, but also said it would have exclusive control of more recent versions of the AI model.
Stability last year announced what it described as a “significant” infusion of money from new investors including Facebook’s former president Sean Parker, who is now chair of Stability’s board. Parker also has experience in intellectual property disputes as the co-founder of online music company Napster, which temporarily shuttered in the early 2000s after the record industry and popular rock band Metallica sued over copyright violations.
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