Our readers might be interested in Excessive Drug Pricing as an Antitrust Violation by law prof Harry First. Here is the abstract: It is nearly four years since Martin Shkreli bought an off-patent drug named Daraprim and raised its price overnight by nearly 5500%. Public outcry was intense and Shkreli became the poster-child for excessive […]
Author Archives: Brian Wolfman
Reporter Sarah Kliff explains that "[u]nder Trump, the number of uninsured Americans has gone up by 7 million," while Gallup has found that the "U.S. Uninsured Rate Rises to Four-Year High," at least in part because of Trump Administration policy changes.
The Supreme Court today decided Henry Schein Inc. v. Archer and White Sales Inc., which presented the question "whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is 'wholly groundless.'” The answer was an unanimous […]
The Supreme Court held argument yesterday in Merck Sharp & Dohme Corp. v. Albrecht. Here's the (loaded) question presented in Merck: Whether a state-law failure-to-warn claim is pre-empted when the Food and Drug Administration rejected the drug manufacturer's proposal to warn about the risk after being provided with the relevant scientific data, or whether such a […]
That's the name of this Washington Post article by Jeanne Lenzer and Shannon Brownlee. The article explains that the FDA continues to allow critical, implanted medical devices on the market via the so-called "510(k) process." Among other serious deficiencies, the 510(k) process does not require pre-market clinical safety testing. Lenzer and Brownlee explain that the […]
Law prof Jean Sternlight has written Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?. Here's the abstract: Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary, and workplace conditions. Despite these gains, continued progress towards justice is currently in jeopardy due […]
In case you've not read about the allegations that Johnson & Johnson covered up possible asbestos contamination in its baby powder, read this article by Roni Caryn Rabin and Tiffany Hsu. We've posted before (for instance, here) about suits against Johnson & Johnson alleging that talc in baby powder caused the plaintiffs' ovarian cancer. Plaintiffs […]
Originally posted in Take Care Blog Law prof Mark Totten has written an interesting piece for the Take Care Blog entitled Proving that Mick Mulvaney Compromised CFPB Enforcement. We posted Tuesday about a Washington Post article, which cited Mark's data on the CFPB's waning enforcement efforts. Read Mark's post and take a look at the chart below.
That's the title of this essay by Christopher Ingraham, which focuses on a new Brookings study on race and wealth. Here's how the essay starts: There are a lot of reasons that home prices tend to be lower in black neighborhoods than in white ones. Decades of racist policies put in place by governments and private […]