In what seems to be a matter of happenstance today, two courts of appeals issued decisions today holding that state laws relating to tobacco were not preempted. First, in Iowans for Alternatives to Smoking & Tobacco v. Mosiman, the Eighth Circuit vacated a preliminary injunction against an Iowa law that prohibited the manufacture and sale […]
Author Archives: Adam Pulver
Today, the Tenth Circuit issued a divided opinion in Dunn v. Santa Fe Natural Tobacco Company, a consumer class action brought against the manufacturers of Natural American Spirit (NAS) cigarettes. The consumers allege that they were misled into believing that the company’s cigarettes were less harmful than those produced by other companies. On interlocutory review of […]
Three consumers who stay at casino-hotels in Atlantic City brought a class action against some of those hotels and their algorithmic software provider, alleging a conspiracy to fix prices in violation of the Sherman Antitrust Act. The district court dismissed the case, but today the Third Circuit reversed and reinstated the complaint. In reaching its […]
Yogurt company Chobani sold a product it labeled as “sugar free,” even though the yogurt includes four grams per serving of allulose– a naturally occurring sweetener. Consumers sued Chobani for doing so under state consumer protection laws, but an Illinois district court held those claims were preempted by the Federal Food, Drug, and Cosmetic Act–relying […]
In 2021, Chicago enacted the Keep Chicago Renting ordinance, which requires those who purchase rental properties through foreclosure to (1) negotiate in good faith with existing tenants for a new rental agreement for at least one year, and (2) if the tenant does not sign a new lease, pay the moving tenant a $10,600 relocation […]
Without his consent or knowledge, Robbin Ward’s daughter took out a lease in his name. She was later evicted for nonpayment, and the back-rent owed was transferred to a debt collector. The debt collector reported the debt to credit agencies, who noted it on Mr. Ward’s credit report. Mr. Ward disputed the debt claiming identity […]
Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA) provides a private right of action for any “person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation” of FTC regulations related to “residential telephone subscribers’ privacy rights to avoid receiving telephone solicitations […]
For those who haven’t had the fortune of trying to find a rental apartment in New York City, there has long been a system of “brokers’ fees”, where the *renter* is required to pay a broker a fee, often equal to one months’ rent, in order to obtain an apartment, which was negotiated by the […]
The New Jersey Consumer Finance Licensing Act (CFLA) requires consumer lenders to obtain a license, and provides that if a lender violates that provision “in the making or collection” of a loan, the loan contract “shall be void” and the lender “shall be guilty of a crime of the fourth degree.” In a unanimous opinion […]
The Public Service Loan Forgiveness program provides non-profit and government employees a pathway for forgiveness of their federal student loans, recognizing the financial trade-offs associated with working in the public interest. In October 2025, the Department of Education issued a rule that would disqualify an employer from the PSLF program if the Secretary of Education […]