FTC Consent Decree Would Allow Dealers to Sell Certified Cars with Safety Defects

by Jeff Sovern Some auto dealers advertise and sell "certified" used cars. The word "certified" conveys that the car has gone through a process of inspection and that any problems have been remedied. At least, that's how I understand it.  Sometimes, however, these certified cars have been recalled for safety defects which have not been repaired. The FTC has reached […]

NHSTA’s “Safe Cars Save Lives” campaign

Last year, the National Highway Traffic Safety Administration (NHSTA) oversaw nearly 900 vehicle safety recalls affecting 51 million U.S. cars. Many recalled cars must be fixed to eliminate or mitigate the safety concern. So, for the recall system work, the consumer must, first, know that the vehicle is the subject of a recall. (The consumer should […]

The role of repeat players in aggregated litigation

Law prof Elizabeth Chamblee Burch and Federal Judicial Center senior researcher Margaret Williams have written Repeat Players in Multidistrict Litigation: The Social Network. Their research found based on limited data "reason to be concerned" that plaintiffs are being shortchanged at the expense of plaintiffs' lawyers and defendants. Here is the abstract: To promote pretrial efficiency, the […]

The relationship (if any) between judicial campaign contributions and judicial outcomes

Prof. Ryan Rebe has written Analyzing the Link between Dollars and Decisions: A Multi-State Study of Campaign Contributions and Judicial Decision Making. Here is the abstract: This article examines the causal connection between attorney contributions and judicial decisions in elective states. The results show that contributions are a significant predictor of appellant success in state supreme […]

Ninth Circuit Opinion Applies Significant Choice-of-Law Analysis Before Striking Right of Publicity Claim Under the First Amendment

by Paul Alan Levy In an opinion that bristles with significant issues, the Court of Appeals for the Ninth Circuit has upheld the dismissal of a lawsuit by Sgt. Jeffrey Sarver asserting that a Hollywood studio could not release a film based, in part, on a fictional portrayal of important public events  in which he […]

Anthem data breach suit will proceed

This week, Judge Koh of the Northern District of California dismissed some claims but allowed others to go forward in a suit against health insurer Anthem over last year's data breach that put at risk the personal information — including names, social security numbers, income information, and more — of about 79 million customers. Reuters […]