Two Considerations When Prescribing Compounded Weight Loss Drugs

From Mogan v. Portfolio Media, Inc., decided today by Seventh Circuit Judges Michael Brennan, Candace Jackson-Akiwumi, and Joshua Kolar: Michael Mogan appeals the district court's dismissal of his suit against Portfolio Media, the owner of Law360, for defamation and false light. Because Mogan fails to show that any statement by Law360 falls outside the fair report privilege, we affirm the district court. Mogan, who is an attorney, sued Airbnb in California state court on behalf of a client named Veronica McCluskey in 2018. After that case went to arbitration, Mogan sued Airbnb on his own behalf, also in California state court, for abuse of process and unfair business practices that he alleged Airbnb committed in the McCluskey case. The state court dismissed the case and imposed sanctions against Mogan for filing a frivolous lawsuit. When he refused to pay the sanctions, the California State Bar filed disciplinary charges against him. Law360, a legal news website, detailed…

Tesla’s “Autopilot” has been implicated in over a dozen deaths in the U.S. alone, and yet the company has yet to face a significant finding of liability in a litigated case. That may end soon, as trial is set to begin in federal court today following a blockbuster summary judgment opinion issued only a few weeks ago. Benavides v. Tesla involves a crash that occurred on a two-lane county road in Key Largo, Florida in 2019. George McGee was driving his Tesla Model S from his office in Boca Raton to his home, a distance of around 100 miles, when he ran through a stop sign at a T-intersection and collided with a Chevy Tahoe that was parked on the far side of the road at around 60 miles per hour. Naibel Benavides, a 22-year-old college student, was standing next to the Tahoe and was killed. Her friend Dillon Angulo—the two were on a date—was severely injured and is also a plaintiff in the case. The Benavides crash implicates many of the same…

[Defendant had 100K X followers, and as a result O'Leary "was flooded with unwanted communications."] From Judge Beth Bloom's order today granting default judgment in O'Leary v. Armstrong: Defendant posted on X Plaintiff's private cell phone number and encouraged the public to harass Plaintiff, stating "[h]ave you ever wanted to call a real life murderer?! You can NOW! @kevinoleartyv is waiting for your call." Following the post, Plaintiff began receiving communications from strangers who had obtained his number directly from Defendant's post. On March 20, 2025 at 11:32 a.m., Defendant stated he "was forced to delete the murderer @kevinolearytv's phone number by X. I was in X jail for 12 hours." As of March 19, 2025, the post had been viewed over 18,000 times. {To state a claim for public disclosure of private facts under Florida law, "a plaintiff must allege (1) the publication, (2) of private facts, (3) that are…

[Mi CASA no es su CASA] Trump v. CASA is one of the Supreme Court's most important decisions about the powers of the Supreme Court. It ranks up there with City of Boerne v. Flores, Cooper v. Aaron, and maybe even Marbury v. Madison. To be clear, CASA was not a ruling about the Article III powers of the lower courts. Justice Barrett was quite clear the Court was only ruling based on whether the Judiciary Act of 1789. Our decision rests solely on the statutory authority that federal courts possess under the Judiciary Act of 1789. We express no view on the Government's argument that Article III forecloses universal relief. CASA also did not directly discuss the Article III powers of the Supreme Court in particular. Instead, the majority seemed to accept the premise of judicial supremacy, at least based on the Solicitor Generals' representation. By contrast, Justice Kavanaugh embraced it wholeheartedly. In short, the Supreme Court is Supreme, and…

Planning to attend law school? New student loan restrictions may affect the decision

New York City’s property owners have a legal obligation to minimize the risk of injury to anyone lawfully on their property. This legal duty of reasonable care applies to private property owners and the owners of commercial properties, such as stores, restaurants, businesses, apartment complexes, and hotels. If a property owner becomes aware of a safety hazard on their property and neglects to take prompt action to address the risk by placing warning signs and then promptly addressing, correcting, or repairing the problem, they may be held liable for the victim’s injury-related damages through a premises liability claim in NYC. But many injury victims want to know: “Is a slip-and-fall accident case and a premises liability claim the same thing?” Slip-and-Fall Cases Are a Category of Premises Liability Law In New York City Premises liability refers to a property owner’s liability for all injuries that occur on their property due to the property…

July 1, 2025, marked the one-year anniversary of SB 553, California’s comprehensive workplace violence prevention law, which means employers must ensure that they complete the law’s annual requirements, including reviewing their workplace violence prevention plans and retraining their employees. Prior to the signing of SB 553, effective July 1, 2024, many employers had workplace violence prevention policies and procedures in place, but they were optional for most employers. Plans varied in scope and depth, and they may not have been updated regularly. But — for the past year — workplace violence prevention is no longer optional. It’s mandatory for most California employers and brings substantial compliance obligations, including: Establishing, implementing and maintaining a written workplace violence prevention plan specific to employers’ worksites; Identifying, evaluating and correcting/mitigating workplace violence…

Very sad news report today -- Miami legal legend Robert Josefsberg has passed away at 86.  Bob was born and raised in Brooklyn, New York and received his B.A. degree from Dartmouth College in 1959. He graduated from the Yale Law School in 1962, and was admitted to the Florida Bar in 1962.Here's some more of his bio, which does not do justice to the impact he had on this community: Bob is one of Dade County′s premiere trial lawyers. He has been listed annually since 1987 in the Best Lawyers in America in two categories–Business Litigation and Criminal Law since 2003 and from 2003 he has been listed in Chambers and Partners as one of the top four commercial litigators in Florida. In 2006 he was listed #1 trial lawyer in Florida by Super Lawyers. He has received the Dade County Bar David Dyer Professionalism Award, the Bnai Brith Professionalism Award, the Florida Defense Lawyers Rodney Thaxton “Against All Odds”award, the American…

At June 19, 2025, meeting of the Unemployment Insurance Advisory Council, the labor and management proposals this year were presented to the public. Labor proposals The labor proposals this year reflect many of the Department’s own proposals (for good and bad). Increase the maximum weekly benefit rate for unemployment benefits to $497 per week in 2026 and then have the rate indexed for subsequent years. This proposal mirrors Department proposal D25-04. Eliminating the one-week waiting period. This proposal mirrors Department proposal D25-03. Increasing the wage cap to $672 in 2026 and then having the wage cap indexed in subsequent years. Other than Department proposal D25-05 increasing the wage cap to $692 instead of $672, this proposal is a duplicate of the Department proposal. Note: The discrepancy between $672 and $692 is probably a typo. Expanding worker mis-classification penalties to all industries and make the penalties identical to…

In April, the IRS and ICE signed a Memorandum of Understanding (MOU) allowing the IRS to share taxpayer information, such as names, addresses, and tax data, with ICE for certain immigration-related criminal investigations and enforcement. The MOU poses significant issues for tax and immigration law practitioners, tests the boundaries of Internal Revenue Code Section 6103, and challenges longstanding privacy norms. In a new alert, my Fox Rothschild immigration partner Mark Harley and I examine the legal risks posed by the MOU and provide practical tips for immigration and tax professionals on how to deal with it. Read the full alert here.

New York City residents want to feel safe in their own homes, including those who rely on New York City’s Housing Authority (NYCHA) to provide affordable housing for low and moderate-income residents. Around one in 17 New York residents lives in public housing, including Section-8 apartments, conventional public housing, and homes inside Permanent Affordability Commitment Together (PACT) housing developments. When a resident under New York’s Housing Authority suffers injuries, they may feel overwhelmed and unsure where to turn for compensation for their injury-related damages. Turn to one of our premises liability lawyers in New York City today to pursue financial compensation for your injuries. What Causes Injuries In New York City Public Housing? All property owners and building managers must conduct regular inspections of their properties, identify safety hazards and problematic repair issues, and promptly address these problems through adequate warnings and…

There was a time when it was possible to defend a child pornography charge by arguing that the images were virtual, as opposed to real.  In essence, the argument was that the images were virtual or “fake”, were created by combining materials containing both children and adults, and that the participants in the video or still shots were not really children.  Any such defense is becoming increasingly implausible because of the power of Artificial Intelligence, or AI. An increasing number of child pornography images and videos created with Artificial Intelligence are appearing online.  These images and videos may not depict real children, but appear to because they were created with AI tools that are very powerful and increasingly sophisticated.  We are now at a point where the AI-generated images are indistinguishable from real ones.  Gone are the days when a hand had too many fingers, a background was blurry, or the transition from frame to…

When Kaiden, a young farmhand in his twenties, was told to move a refrigerator on a ranch in San Diego, he had no idea the day would end in trauma. Riding in the back of a trailer down a hill, Kaiden was thrown off when the trailer hit a deep divot in the dirt road and detached from the vehicle. Seeing the trailer heading toward a ravine, he jumped for his life! Kaiden suffered a fractured leg and wrist. What followed was a grueling recovery, months of surgeries, and a legal battle that revealed a shocking level of resistance from the defendants and their insurers.  Can You Sue Beyond the Auto Policy? Absolutely — If You Know Where to Look Most firms might have accepted the initial $250,000 auto policy and called it a day. But J&Y Law knew better. They recognized the deeper issue: this was a premises liability case, not just a motor vehicle accident.  The trailer didn’t detach on its own. It hit a ditch that had long existed on the farm’s…

Harvard isn’t the only school worried that the Trump administration will screw over their funding. Public schools get their fair share of funding from the government too — at least they should. On Monday, several states filed suit to challenge the Trump administration’s decision to withhold $6.8B worth of Congressionally approved funding meant for K-12 schools. Reuters has coverage: Attorneys general or governors from 24 states and the District of Columbia sued in federal court in Providence, Rhode Island, arguing that the U.S. Department of Education and the Office of Management and Budget threw schools nationwide into chaos by unconstitutionally freezing funding for six programs approved by Congress…The government was legally required to release the money to the states by July 1, the lawsuit said. Instead, the Education Department notified states on June 30 that it would not be issuing grant awards under those programs by that deadline. It cited…

Despite all recent efforts from the HCCH 2019 Judgments Convention to the founding of International Commercial Courts (ICC) promoting the attractiveness of court litigation, the most favoured method for resolving international disputes in civil and commercial matters, without a single doubt, remains arbitration. According to the 2025 QMUL International Arbitration Survey an overwhelming majority of respondents (87%) would choose international arbitration either as a standalone mechanism (39%) or in combination with other mechanisms of alternative dispute resolution (48%). In view of this prevalence for international arbitration, the latest addition to the Elgar Concise Encyclopedia of Law Series on “International Commercial Arbitration” edited by Franco Ferrari (NYU) and Friedrich Rosenfeld (Hahnefeld Rechtsanwälte) provides more than welcome comprehensive and authoritative guidance on the subject. Featuring more than 130 entries by renowned legal scholars…

by Achim Czubaiko-Güntgen, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. With the fourth instalment in their ongoing webinar series on “Cross-Border Commercial Dispute Resolution”, the Asian Business Law Institute (ABLI) and the Hague Conference on Private International Law (HCCH) returned to the topic of “Electronic Service of Documents and Remote Taking of Evidence”. Contrary to the first webinar in 2021, this session focussed not solely on the HCCH 1970 Evidence but equally on the HCCH 1965 Service Convention. Having finally overcome the immediate constraints of the Covid-19 pandemic, this time the renowned speakers were able to elaborate more on the long-term development and visions in the practice of the two legal instruments with regard to their respective areas of law. As always,…

Here's a short excerpt from the Nov. 2023 Report and Recommendations by Magistrate Judge Christopher D. Baker (E.D. Cal.) in Johnson v. Watkin; the plaintiff is a history professor at Bakersfield College, a California public community college. The opinion is long, so I've excerpted it heavily; read the whole thing for more of the legal analysis, and the interesting and contentious factual backstory. The District Court dismissed the case, holding that plaintiff lacked standing, but just today a Ninth Circuit panel (quoted below) reversed that standing decision as to this issue, so the matter will go back down to the lower court. Cal. Code of Regs. § 53602(a) ["Advancing Diversity, Equity, Inclusion, and Accessibility in Evaluation and Tenure Review Processes"] requires faculty demonstrate (or progress toward) proficiency in the locally-developed DEIA [diversity, equity, inclusion, and accessibility] competencies, or those published by the Chancellor for…

Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again on similar internet wiretapping claims, and this time, it reached a very different outcome. Below, we discuss the decision’s impact and its implications on present and future internet wiretapping claims.   Are Internet Wiretapping Lawsuits Shakedowns?  At least one Ninth Circuit judge thinks that the possibility exists. In Gutierrez v. Converse Inc., Gutierrez alleged that Converse violated CIPA by wiretapping her internet communications with its website chat feature. Because the website chat function was operated by a third-party, Gutierrez asserted that Converse violated CIPA by illegally wiretapping his internet communications. The district court found that no disputes of material fact existed because Gutierrez…