by Paul Alan Levy In this motion a prosecutor asked a trial judge to order a particular defense lawyer to stop referring to her during jury trials as “the Government” on the ground that jurors would likely take this as a derogatory reference “and is meant to make the State’s attorneys seem oppressive and to […]
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We've blogged before about the "Company Doe" case, in which a company sued to block the inclusion of a product report in the Consumer Product Safety Commission's publicly available, web-accessible database about potentially dangerous products. The district court permitted the company to litigate in secret and under the pseudonym "Company Doe," and a coalition of […]
by Paul Alan Levy Over the years I have blogged several times about corporate abuses of trademark law to use litigation, or the threat of litigation to block criticism. Because they have so many other tools to deploy against citizens, government agencies usually do not stoop to this level – the City of Memphis aside […]
Yesterday, consumers, employees, and others who are subject to mandatory arbitration agreements that inhibit their ability to present their claims got a big win and a big loss in the U.S. Court of Appeals for the Ninth Circuit—from the very same panel. The same three judges, Richard Clifton, Richard Tallman, and Consuelo Callahan, in cases argued […]
That's the finding of this study from the New America Foundation. Here's the Foundation's data summary: Last year, the New America Foundation’s Open Technology Institute published The Cost of Connectivity, a first-of-its-kind study of the cost of consumer broadband services in 22 cities around the world. The results showed that, in comparison to their international […]
That's how much nuclear waste is hanging around the U.S. — a good bit of it in Illinois — with no feasible solution in sight that would provide long-term (or even middle-term), safe storage. The waste is comprised of spent fuel from nuclear reactors. As this report by Brian Wingfield explains: With no place to […]
Earlier this month, we noted a significant Fourth Circuit class action decision (Scott v. Family Dollar) permitting the plaintiffs to amend their complaint with allegations that could qualify them for class action treatment within the rules set forth by the Supreme Court in Wal-Mart v. Dukes. Here's a different take: the U.S. Chamber of Commerce […]
Over two years ago, we posted a link to an opinion piece by former Senator Christopher Dodd, which responded to common criticisms of the Dodd-Frank financial reform legislation, including the criticism that the law's allegedly excessive regulation will harm small, "community" banks. Now, law professor Tanya Marsh and Joseph Norman have written The Impact of […]
For years now, some people wanting the U.S. to trim "entitlement" costs have, among other things, proposed raising the age at which non-disabled people become eligible for Medicare. The current eligibility age is 65. (Disabled people generally are eligible for Medicare two years after they become eligible for federal disability benefits.) Early last year, the […]
This article by Jennifer Haberkorn says that delaying implementation of the Affordable Care Act is not as easy as bumping things back a few days on the calendar. Insurance companies would raise a ruckus because they set their prices based on customers enrolling before April. The Obama administration doesn’t want to push the successful enrollment […]