Nursing home COVID claims to proceed to trial

Nursing homes across the country were a major center of COVID-19 outbreaks throughout 2020, and hundreds of lawsuits have been filed based on alleged inadequate infection control measures, brought by families of nursing home residents under tort law and state consumer protection statutes. So far, much of the litigation has focused on jurisdictional questions. Five […]

Report on Biden’s Record on Judicial Nominations

The People’s Parity Project released a report, which reviews and assesses President Biden’s progress so far with judicial nominations. The organization, which describes itself as a “network of law students and new attorneys organizing to unrig the legal system and build a justice system that values people over profits,” emphasized the need for more professionally […]

White House’s Recent Announcements on Renters’ Rights

Following a year of dramatic rent increases, growing scrutiny of tenant screening practices, and a general rise in housing insecurity, the White House recently issued a new Blueprint for a Renters Bill of Rights and announced new actions to bring more fairness to the rental housing market. In its declaration to promote tenants’ rights, the […]

New trolls on the block: Prepared Food Photos and Daniel DeSouza / CopyCat Legal

AdLife Marketing and Communications, a company specializing in photographs of food for use in grocery story advertisements, has a sorry history of abusive copyright infringement claims. In 2021, it moved from Rhode Island to Florida, changed its name to Prepared Food Photos, and began to be represented by Florida lawyer Daniel DeSouza, through a firm […]

May Anonymous Speakers Invoke the Texas Anti-SLAPP Law to Oppose Efforts to Identify Them?

A disturbing decision from a Texas court of appeals held last year that an anonymous person, who allegedly called several of the advertisers in D Magazine and accused the magazine of being “racist,” and who has been sue for defamation, could not file a motion to dismiss under the Texas anti-SLAPP law contending that the […]

Third Circuit rejects J&J bankruptcy attempt to avoid liability to consumers

In a major decision today, the U.S. Court of Appeals for the Third Circuit rejected Johnson & Johnson’s attempt to use bankruptcy to strictly curtail its liability for claims that talc in its consumer products caused cancer. As the Court explained: With mounting payouts and litigation costs, [J&J’s] Old Consumer [entity], through a series of […]

“Rent-a-Tribe” lender not immune from lawsuit over unlawful interest rates

The Fourth Circuit this week ruled in favor of Virginia residents in a RICO action challenging illegally high interest rates. The court explained: “The Lac Vieux Desert Band of Chippewa Indians purportedly created businesses under tribal law to make small-dollar, high-interest-rate loans to consumers via the internet. The Borrowers allege that the Tribe did so […]

“Pigs get fed but hogs get slaughtered”

Last month, a district court in the Sixth Circuit issued opinions in two related cases that refused to approve two class action settlements, taking class counsel to task for proposing $5,000 incentive awards to the class representatives, because the class members only received $248 each. Moeller v. The Week Publications, 1:22-cv-10666 (E.D. Mich. Dec. 15, 2022); Strano […]

CFPB seeks information on consumer credit card market

The Consumer Financial Protection Bureau issued a request for information seeking public feedback on how the consumer credit market is functioning as part of a biennial review of the industry. The CFPB is seeking more and current information on various aspects of the consumer experience with credit cards. Congress enacted the Credit Card Accountability Responsibility […]