In The News

Your Seventh Amendment Rights Are Under Attack: What Are You Going to do About it?

The Seventh Amendment provides that, in suits at common law, “the right of trial by jury shall be preserved.”  And yet, we live in a world where we are bound – whether we know we are or not -- ...

Governor’s Job Creation Plans Good for No One

Perhaps lost under the glare of the spotlights on Wisconsin’s union law changes this year are several proposed changes in other areas of law which arguably will have an equally disproportionate ...

Bayer v. Sandoz: Upping the Relevant Market Pleading Requirements

Defining an antitrust market is a difficult and complex task, but the analysis is guided by firmly established economic principles.  In the latest and seemingly last round of the Bayer v. Sandoz ...

For-Profit College Company Faces Whistleblower Suit for Fraud

Two whistleblowers, Lynntoya Washington and Michael Mahoney, filed a lawsuit against Education Management Corp. on basis of fraud, and the Justice Department along with four states - California, ...

Women Taking Recalled Supplement

Women are still using a recalled over-the-counter weight-loss supplement.  Pai You Guo was banned by the FDA in 2009, because it contained two drugs: sibutramine, the active ingredient in the ...

Katrina Hospital to Pay $25 Million for Class Action Settlement

The wait was long, but people who suffered from unsafe hospital conditions during Hurricane Katrina will finally receive compensation. A Louisiana judge gave a preliminary approval for a ...

Not a Duck: State Can Still Bring Suit on Behalf of Citizens in Own State Court

On May 20, 2011, the United States Court of Appeals for the Fourth Circuit decided whether an action instituted by the Attorney General of the State of West Virginia on behalf of the citizens of ...

What’s Wrong With THIS Picture? Emasculating the SEC is NOT Good for the Country

I picked up the Financial Times this morning. Like the Wall Street Journal, it has a series of short paragraphs (blurbs) in a column on the left-hand side of the first page. The top one was ...

Strict Construction My Eye: Supreme Court Blows by Seventh Amendment

On June 20, 2011, the United States Supreme Court took another sledgehammer to the right to a jury trial guaranteed by the Seventh Amendment to the United States Constitution.  Maybe ...

The War on Acid: Is an Ounce of Prevention Really Worth a Pound of Cure?

So you were recently admitted to the hospital for a routine procedure and left with a little parting gift... a prescription for Nexium. You’re not alone.  Studies estimate that between 40 and 70 ...

Ever Heard of Swipe Fees? It’s Time to Start Paying Attention

For the past several weeks, our nation has been fixated on the actions of Congressman Anthony Weiner (D-N.Y.) and his lurid Twitter postings to six young women.  To be sure, these are the ...

Hope Springs Eternal: Senators Franken and Blumenthal and Representative Johnson Combat AT&T v. Concepcion

Shortly after Supreme Court ruling in AT&T v. Concepcion was released, many consumer advocate attorneys (and even professors) claimed that the ruling was “the end of class action ...