For a new article on these topics, take a look at Federal Preemption of Generic Drug Claims: Product Safety, Potential Regulatory Changes and Plaintiff Strategies in the Aftermath of Mensing and Bartlett by Eric Lindenfeld and Jasper Tran. Here is the abstract: Recent research indicates that the current cost of generic medications in the United […]
Author Archives: Brian Wolfman
Read the complaint and the consent order (which requires judicial approval). The beginning of the Consumer Financial Protection Bureau's press release summarizes: Today the Consumer Financial Protection Bureau (CFPB) filed a complaint and proposed consent order in federal court against PayPal, Inc. for illegally signing up consumers for its online credit product, PayPal Credit, formerly known […]
According to this article by consumer reporter David Lazarus.
Last week, in Daniels v. Hollister Co., the New Jersey Appellate Division rejected the notion that the plaintiffs in a damages class action must show that the class is "ascertainable" before it may be certified. The court responded at length to recent federal-court ascertainability precedent, coming especially from the Third Circuit, requiring the named plaintiffs […]
That's the topic of Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights by law professor Judith Resnik. Here is the abstract: Two developments frame this discussion: the demise of negotiated contracts as the predicate to enforcing arbitration obligations under the Federal Arbitration Act and the […]
The Supreme Court granted review this morning in Campbell-Ewald Company v. Gomez, which presents the following important issues about mootness: 1. Whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim. 2. Whether the answer to the first question […]
If you're interested in that topic, you may want to look at Don't Try this at Home: The Troubling Distortion Of Rule 68 by Bradley Girard. Here's the abstract: Rule 68 of the Federal Rules of Civil Procedure was enacted to promote consensual settlement. Through a mandatory cost-shifting mechanism, the Rule incentivizes defendants to make […]
On April 16, the House of Representatives voted to repeal the estate tax for everyone. Yes, that would exempt people who have many billions of dollars, including people who inherited much or most of their wealth, like members of Sam Walton's family and the Koch brothers. The Center for Effective Government has posted information on […]
Beyond the pending challenge to the Affordable Care Act tax-credit system in King v. Burwell, which threatens the viability of the Act, law professor Andy Grewall writes in a new article that there are other Lurking Challenges to the ACA Tax Credit Regulations. Here is the abstract: The ongoing King v. Burwell controversy has focused […]
FICO — the business analytics company that calculates everyone's credit score — has agreed to provide free credit scores to consumers who seek counseling through non-profit credit counseling organizations. FICO noted that it was influenced by the Consumer Financial Protection Bureau, which believes that credit counselors' work is more effective when the counselor and consumer […]