Category Archives: Uncategorized

How Should Businesses Deal with Online Criticism?

by Paul Alan Levy   I often write in this space about baseless lawsuits brought by businesses to suppress criticism, although at the same time I have acknowledged that, sometimes, litigation may be a sound response to baseless attacks that are having a genuine untoward impact on reputation. In this interesting blog post on a web […]

The Supreme Court’s Mootness Ruling in Already v. Nike

This week, the Supreme Court decided Already v. Nike. There, in a trademark suit instituted by Nike, Already counterclaimed that Nike's trademark on its "Air Force 1" sneakers is invalid. Applying the Court's standard for when a once justificiable case becomes moot under Article III's case-or-controversy requirement — “a defendant claiming that its voluntary compliance […]

Ninth Circuit Holds “Parallel” Failure to Warn Claim Not Preempted by Medical Device Amendments

In an en banc ruling released today, the U.S. Court of Appeals for the Ninth Circuit held that the federal Medical Device Amendments do not preempt a patient's tort claim alleging that that manufacturer violated its state-law duty to warn of dangers when it did not report "adverse events" to the FDA, as required by […]

More on the CFPB’s New Mortgage Rules

We just told you about the Consumer Financial Protection Bureau's new rules to curtail high-risk consumer mortgages. The CFPB has just issued this informative press release, a fact sheet on the new rules, and a summary of the ability-to-repay and qualified mortgage rule. Here are the key attributes of the ability-to-repay rule: Financial information has to be […]

CFPB to Issue Rules to Curtail High-Risk Mortgages

The Consumer Financial Protection Bureau thinks that people should not take on mortgages that they cannot afford. As explained in this Washington Post article, the CFPB today will issue new rules to protect consumers from high-risk mortgage borrowing. Among other things, the rules will define a "qualified mortgage" and say that a consumer cannot obtain […]

Second Circuit Holds That a State’s Parens Patriae Action Is Not Removable as a “Class Action” Under the Class Action Fairness Act

Consistent with rulings of other circuits, the Second Circuit held today, in Purdue Pharma v. Commonwealth of Kentucky, that a state's parens patriae action is not removable from state court to federal court as a "class action" under the Class Action Fairness Act. (A parens patriae action is one in which the state or other government […]