William J. Woodward Jr.of Santa Clara has written Contraps, 66 Hastings Law Journal (2015). Here is the abstract: Forms that purport to govern consumer transactions are a central component of our modern consumer economy. They are routinely enforced because consumers are said to “manifest assent” to them, despite the fact that they are not read […]
by Jeff Sovern In Mohamed v. Uber, the federal district court for the Northern District of California said no. Opt-out clauses appear in contracts and give the contracting parties the right to opt-out of arbitration to resolve disputes within a certain period of time after entering into the contract, often thirty or sixty days (which […]
The NYT story is here. Note that the House actually voted on several measures; the NYT explains the difference.
A collection of coverage ahead of the likely vote: The Post on how the President is trying to fight for his legacy. Mother Jones on the stakes and potential future trade agreements. L.A. Times on Democratic intra-party struggles. (Great picture on the web of Rep. Brad Sherman, who appears to be telling the President that what […]
The Hill reports on a concrete example this week of international trade rules interfering with U.S. regulatory policy: The House passed legislation late Wednesday that would repeal country-of-origin labeling requirements for beef, pork and chicken products. Why the change? The World Trade Organization (WTO) ruled last month against the U.S. appeal to keep its existing […]
The Hill reports: Health groups are petitioning the Food and Drug Administration (FDA) to ban eight synthetic flavors in food that are known carcinogens. The petition, led by the Natural Resources Defense Council (NRDC), said the flavors, which have been used for over 40 years, are found in ice cream, candy, baked goods and beverages. […]
In the wake of reports that low-wage workers are being subject to non-compete clauses (i.e., terms in their employment agreement that limit the ability to work for other companies in the same field after leaving their current employment), Senators Franken and Murphy introduced a bill last week to protect workers' ability to switch jobs. As […]
The Consumer Financial Protection Bureau has published a rule allowing the agency to supervise larger nonbank auto finance companies. The CFPB press release is here. The rule is here. The CFPB also released the examination procedures that examiners will use to ensure that auto finance companies are following the law. The examination procedures are here.
For a new article on these topics, take a look at Federal Preemption of Generic Drug Claims: Product Safety, Potential Regulatory Changes and Plaintiff Strategies in the Aftermath of Mensing and Bartlett by Eric Lindenfeld and Jasper Tran. Here is the abstract: Recent research indicates that the current cost of generic medications in the United […]
by Paul Alan Levy Judge Tena Campbell of the United States District Court has issued an interesting decision holding that a California woman sued in diversity by a Utah company may file a special motion to strike the plaintiff’s defamation claim. The case involves a suit by the “Diamond Ranch Academy” against Chelsea Filer, a […]