Author Archives: Brian Wolfman

More on Consumer Law and Elderly Victims

We posted yesterday on how the law should deal with consumer scams directed at older people in light of evidence that older people are more susceptible to deception. After the post, Ted Mermin, consumer-law expert and head of the Public Good Law Center, pointed out that some states' consumer protection statutes authorize greater penalties against […]

Kiva and Microlending

Over at Credit Slips, Alan White has a great post about what he loves about the microlending non-profit, Kiva. He then discusses microlending more generally. Kiva is "a non-profit organization with a mission to connect people through lending to alleviate poverty." "Leveraging the internet and a worldwide network of microfinance institutions," Kiva says, it "lets […]

Be Careful Buying a Used Car in the Wake of Hurricane Sandy

Bad floods damage a lot of cars, and then some used car sellers want to sell those damaged cars to unsuspecting customers without disclosing the damage. This happened after Katrina (go, for instance, go here and here). Holly Petreaus, the head of Servicemember Affairs at the Consumer Financial Protection Bureau, has posted this warning about used […]

Supreme Court Grants Review in Pay-for-Delay Settlement Case

by Brian Wolfman In a pay-for-delay settlement, a brand-name drug company pays a generic company that has challenged the brand-name company's patent to stay out of the market. Some early antitrust challenges to these settlements succeeded, but later court of appeals' rulings gave them a green light. Then, as we discussed in this post last July, […]

Second Circuit Says First Amendment Shields Sales Rep’s Promotion of a Prescription Drug for Off-Label Use (that is, a use not approved by the FDA)

by Brian Wolfman The FDA says it violates federal law for a drug company sales rep to promote a prescription drug for an off-label use (that is, a use not approved by the FDA). So, a rep is convicted of a misdemeanor in federal district court for promoting a prescription drug for an off-label use. […]

Is There a Gene for Unwise Credit Card Borrowing?

Jan-Emmanuel De Neve of the London School of Economics and James Fowler of the University of California at San Diego Law School say yes in this article. Here's the abstract: Economists have long realized the importance of credit markets and borrowing behavior for household finance and economics more generally. More recently, twin studies have shown […]

Suits Against Consumers Who Review Products on the Internet

This major article in today's Washington Post concerns what the author claims is a growing number of defamation lawsuits over online reviews on sites such as Yelp, Angie’s List and Trip­Advisor and over Internet postings in general. They say the freewheeling and acerbic world of Web speech is colliding with the ever-growing importance of online […]

Did the Supreme Court’s Decision in Citizens United Help Liberal/Progressive Causes in the 2012 Election Cycle?

That possibility is discussed in this article by Molly Ball. The idea is that the Supreme Court's decision in the Citizens United case unshackled the unions not only to spend, but to electioneer beyond its members to the public at large. (The article emphasizes that although unions did whatever they could to take advantage of […]