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 ...
A Renewed Attempt To End Anticompetitive Pay-For-Delay Settlement Agreements
President Obama invoked the ire of the pharmaceutical industry a few weeks ago by including in his proposed budget for Fiscal Year 2013 a renewed proposal “to increase the availability of ...
Second Circuit Reaffirms Refusal to Enforce Class Action Waiver
Earlier this month, the Second Circuit Court of Appeals reaffirmed its prior holding that a class action waiver was unenforceable where it effectively precluded plaintiffs from vindicating their ...
Warning: Spirit Airlines Wants to Continue Deceiving You
On January 24, 2012 a new U.S. Department of Transportation rule took effect requiring airline carriers to include all mandatory taxes and fees in their fares upfront. Under this new ...
Disappearing Cases
The following is a guest post by F. Paul Bland, Jr., a Senior Attorney for Public Justice.
This probably won't shock you: five members of the U.S. Supreme Court really like mandatory ...
The Litigation Privilege: Offering Protection for 25 Years’ Worth of Lies?
In Williams v. BASF Catalyst, LLC, Case No. 2:11-cv-01754-SRC-MAS (D.N.J.) BASF Catalyst LLC (“BASF”) and its corporate law firm, Cahill Gordon Reindell, LLP (“CGR”) recently asked a New Jersey ...