by Brian Wolfman In Eubank v. Pella Corporation, No. 13-2091 (June 2, 2014), Judge Richard Posner makes so many useful points about class-action settlements that it's not sensible to try to summarize them here. Read the opinion for yourself! Just one point for now: As I've mentioned before, class-action settlement proponents often argue that one […]
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The federal Food & Drug Administration has launched what it's calling Open FDA. Here's how the agency is describing its new program: OpenFDA is specifically designed to make it easier for web developers, researchers, and the public to access and use the many large, important, health data sets collected by the agency. These publicly available […]
by Paul Alan Levy The DC Court of Appeals has reversed the denial of a special motion to quash a subpoena seeking to identify the anonymous defendant in a defamation action. The suit, Burke v. Doe, was brought by lawyer Susan Burke, who complained that her Wikipedia entry had been modified to include false statements relating […]
Read about it here. For more information, click on this link to an ABC news report or on the embedded video below. Under the new FDA regs, tanning beds must have a black-box warning about cancer risks and saying that minors should not use them. (A black-box warning is the most serious FDA warning, usually […]
by Paul Alan Levy In an intriguing ruling last week granting relief by consequence of a default judgment, a federal judge in Nevada engaged in a fair amount of sua sponte analysis in paring down the relief sought against the operator of a web site that hosts reviews of colleges and universities. The opinion included […]
That's the question asked by law professor Ann Hodges in Trilogy Redux: Using Arbitration to Rebuild the Labor Movement. Here is the abstract: The Supreme Court is in the midst of a revolution in arbitration jurisprudence comparable to that reflected in the Steelworkers Trilogy in 1960. While the Trilogy was hailed as a major accomplishment […]
The Federal Trade Commission yesterday issued a report on the “fundamental lack of transparency” in the data broker industry. The FTC’s press release provides a good summary: The report, “Data Brokers: A Call for Transparency and Accountability” is the result of a study of nine data brokers, representing a cross-section of the industry, undertaken by […]
Health insurers that were originally wary of participating in the Affordable Care Act's "exchanges" now are changing their tune, seeing the Act as an opportunity for new business, as explained in this article by Reed Abelson.
Scott noted earlier today that the California Supreme Court will hear a case posing the following question: Is a payday lender that is formally owned by a Native American tribe but run by a third-party who keeps most of the proceeds protected by tribal sovereign immunity? So, the U.S. Supreme Court just this morning issued […]
Last week the California Supreme Court granted review in People v. Miami Nation Enterprises, which presents the issue of when a payday lending operation that is formally owned by a Native American tribe but run by a third-party who keeps most of the proceeds is protected by tribal sovereign immunity. The practice of payday lenders […]