Category Archives: Uncategorized

FDA warns companies to stop misleading consumers by promoting herbal products to treat Covid-19

The FDA has issued warning letters to two companies — Griffo Botanicals and Prairie Dawn Herbs — telling them to stop promoting non-FDA-approved herbal products "to mitigate, prevent, treat, diagnose, or cure COVID-19."  These letters include this language: FDA is advising consumers not to purchase or use certain products that have not been approved, cleared, […]

AC Transit Counsel Goes from Bad to Worse

by Paul  Alan Levy Last week I explained the many fallacies in a contention by Jill Sprague, General Counsel of the Alameda-Contra Costa County Transit District, that Victoria Fierce, a candidate for election to the ACT Transit Board of Directors, has unlawfully posted photographs to her campaign web site that included busses and a route […]

Bay Area Transit District Attacks Candidate For Showing Its Logo

by Paul  Alan  Levy Much like the case of Jeremy Whittaker a few years ago, a demand letter from the general counsel of an elective transit district in the East Bay seeks to interfere with the political campaign of a candidate seeking to replace the lawyer’s bosses. The Alameda-Contra Costa Transit District has threatened Victoria […]

Eleventh Circuit holds that class-action “service” or “incentive” awards for named plaintiffs are a no-no

Yesterday, in Johnson v. NPAS Solutions, the Eleventh Circuit held that so-called "incentive" or "service" awards to named class-action plaintiffs are unlawful. That is, in a class-action settlement, a named plaintiff may not be paid extra money (over and above money paid to all class members) as reimbursement/compensation for her efforts on behalf of the […]

Timothy D. Lytton’s Op-ed in The Conversation: Business liability shield is holding up another coronavirus bailout – . . . why immunity is unnecessary and even harmful

Here. Excerpt: As I document in my 2019 book, “Outbreak: Foodborne Illness and the Struggle for Food Safety,” a handful of high-profile lawsuits against food companies have encouraged businesses at every link along the supply chain to improve their safety practices. That’s what happened after lawsuits against Jack in the Box over contaminated hamburgers in 1993 and Dole over E. […]

Why is Ridgeback Biotherapeutics Trying to Suppress Adverse Opinions by Issuing Frivolous Defamation Threats?

Over the past several months, I have posted a number of articles about the campaign of intimidating copyright demand letters from Mathew Higbee, who tries to extract money from individuals, nonprofits and small businesses by threatening to file frivolous copyright lawsuits. This is the first in what I expect will be series of articles about […]

Congress Should Outlaw Contract Clauses Waiving Liability for Negligently Exposing People to COVID

by Jeff Sovern That's the title of my post over at the ContractsProf Blog virtual symposium on contracts and COVID. Here's an excerpt:  The argument behind liability waivers as to normal risks is that people should be able to arrange their private affairs as they wish, but COVID liability waivers are not purely private.  Virus liability waivers […]

Why “the FDA just had the worst day in its history.”

LA Times columnist Michael Hiltzik explains why "the FDA just had the worst day in its history." Hiltzik says: During a White House event Sunday, FDA Commissioner Stephen Hahn stood by silently in the face of an unsupported attack on his agency from the worst threat to public health in the U.S. today, President Trump. The […]

New 9th circuit arbitration decision

Last Wednesday, the Ninth Circuit issued a 2-to-1 decision in Rittman v. Amazon, holding that Amazon "last-mile" delivery drivers are transportation workers engaged in interstate commerce under 9 U.S.C. § 1 and, therefore, are exempt from the Federal Arbitration Act's enforcement provisions. As law prof Adam Steinman explains here, Rittman follows a recent decision from the […]