Washington State regulations concerning the dispensing of medicine require timely delivery of medications. There's an exception if a provider has a religious objection, but that exception applies only where there's another pharmacist who can provide timely delivery. A pharmacy owner and two pharmacists challenged these regulations under the Equal Protection Clause and Free Exercise Clause […]
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A CNBC article this week provocatively titled "Aging Amtrak tunnel is a reminder of crumbling America" chronicles the recent troubles that have plagued passenger train travel in the northeast U.S. and highlights the absence of crucial fixes. For instance: For the fifth time in a week of breakdowns and electrical failures, thousands of passengers were […]
As Vijay Das of Public Citizen and physician Adam Gaffney observed in a CNN op-ed this week: [A]cross the nation, black males in 2010 had a life expectancy almost five years lower than white males; black women could expect to live three years fewer than white females. In addition to inequalities in health outcomes (which have […]
In April, we told you about about a decision from the Third Circuit — the court that has given the strictest reading of ascertainability — in which the panel refused to extend the doctrine further and one judge suggested it should be cut back. (See here.) On Tuesday, we flagged a Seventh Circuit opinion taking […]
The Consumer Financial Protection Bureau acted yesterday against Paymap Inc. and LoanCare, LLC for deceiving consumers with advertisements for a mortgage payment program that promised tens of thousands of dollars in interest savings from more frequent mortgage payments. Under the terms of the orders, Paymap will return $33.4 million in fees to consumers and pay […]
On the heels of news that D.C. voters will likely have the opportunity to vote in a $15 minimum wage in November 2016 (see the Washington Post's story here, from last week), an analysis from Brookings takes on claims from business that the region can't afford it. The short answer from Brookings is that we […]
We've covered numerous times the rise of a heightened "ascertainability" requirement in the Third Circuit. (See, for instance, here, for a summary and a recent development. Brief summary: ascertainability is the court-developed notion that a class must show an administratively feasible means of identifying class members; the test is particularly strict and plaintiff-unfriendly in the Third […]
by Paul Alan Levy A couple of weeks ago, I blogged about a Ninth Circuit decision, Multi Time Machine v. Amazon.com, that undid a great deal of progress made in that court undoing the adverse effects of that Court's decision in Brookfield Communications v. West Coast Video; last week, I noted that Amazon had sought […]
The judge rejected a motion for a broad protective order but issued a narrower one. Reuters reports: A federal judge overseeing litigation over multiple General Motors recalls last year will allow plaintiffs' lawyers to share some nonconfidential material gathered during discovery, rejecting the company's bid to broadly ban public pretrial dissemination of the material. On […]
After discussing various cases against Chipotle based on misclassification and off-the-clock work, the story goes on to claim that private wage/hour enforcement is rising in general. The reaction of the industry representative interviewed for the story is telling: “Plaintiffs’ attorneys, the employees’ attorneys, became aware that this was sort of lucrative ground for them to […]