For Consumers

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 ...

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 ...

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 ...

Does Your Pension Benefit Fund Trustee Have A Duty To Litigate?

Your pension benefit fund trustee may be aware of valuable potential claims against companies whose conduct has resulted in significant losses to the fund.  Does the trustee have a duty to ...

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 ...

California Supreme Court Allows Warrantless Cell Phone Searches Incident to Arrest

Earlier this year, the California Supreme Court ruled that police officers may conduct warrantless searches of cell phones and other mobile electronic devices found on the person of someone who ...

Ninth Circuit Allows Blinded Foreign Patient Suit to Proceed in U.S.

In early April, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that a group of eight elderly Mexican plaintiffs can pursue their claims in the United States against ...