For Consumers

FDA User Fee Legislation: Lowering Consumer Costs by Increasing the Availability of Generic Drugs on the Market

On May 30, 2012, the U.S. House of Representatives passed H.R. 5651 in a 387-5 vote, following Senate approval of corresponding legislation in the process of reauthorizing the FDA Prescription ...

The Nameless and the Powerful

A national survey conducted by Findlaw.com recently put focus on most Americans' lack of knowledge about the Supreme Court. Nearly two-thirds of Americans cannot name one Justice currently ...

GSK Pays for its Past, But What About its Future

Federal prosecutors announced Monday a record-breaking $3 Billion settlement with the pharmaceutical giant GlaxoSmithKline (“GSK”). GSK, which agreed to plead guilty to criminal charges, is ...

The Jury Is Out

Observers around the country have been describing the disappearance of the civil jury trial for quite some time.  In recent years, fewer than two percent of federal actions have gone to trial ...

A Look at CAFA: Seven Years in the Making

In 2005, Congress passed the Class Action Fairness Act (“CAFA” or the “Act”). The Act was supposedly drafted to prevent class action lawsuit abuse, but it threw the baby out with the bathwater ...

The Continued Fight to Undo Mensing

Last month, I highlighted the mounting pressure to remedy the inconsistencies and inequities resulting from the Supreme Court’s decision in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011).  In ...

The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.

The Wall Street Journal’s May 4 Opinion page brought me some pause.  Not for its crafty wordplay (indeed, the “plaintiffs lobby” was a pretty clever way to portray plaintiffs’ attorneys some ...

CFPB Takes on Mandatory Arbitration Clauses

The Consumer Financial Protection Bureau (CFPB) opened its doors less than a year ago. Even though the federal agency was created in July, it announced last week that it would be taking on a ...

A Call to Restore the Rights of Generic Drug Consumers

Warning labels on generic drugs have garnered a lot of attention recently, and for good reason.  In PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Supreme Court held that federal drug ...

Criminalizing Whistleblowers: Big Ag Wins at Consumers’ Expense

On March 2, 2012, Iowa’s Governor Branstad signed House File 589 into law, creating a new crime of “agricultural production facility fraud.”  Utah passed a similar “agricultural operations ...

Timely News Reminders on the Importance of Private Antitrust Enforcement

On April 2, I read two news stories that highlighted to me the importance of the trial bar’s continuing dedication to private antitrust enforcement.  The fact that these two public announcements ...

Mazza v. Honda: The Death of Class Action, or Just Making the Plaintiffs’ Bar Work a Little Harder?

In January in Mazza v. Honda, the Ninth Circuit Court of Appeals vacated an order of the Central District of California certifying a nationwide class of purchasers and lessees of the Acura RL ...