Class of egg donors argues that guidelines on payments constitute illegal price fixing

The New York Times reports: In a federal lawsuit, a group of women are challenging industry guidelines that say it is “inappropriate” to pay a woman more than $10,000 for her eggs. The women say the $10,000 limit amounts to illegal price-fixing, and point out that there is no price restriction on the sale of human […]

Takata airbag investigation expands

From the NYT: The recall of exploding Takata airbags, one of the largest and most complex auto recalls in the nation’s history, may grow even larger. On Thursday, officials from the National Highway Traffic Safety Administration, the top federal auto safety regulator, said it had expanded its investigation of the defect beyond the airbags situated […]

FCC fines six companies $30M for misleading consumers of prepaid calling cards

The Federal Communications Commission has fined six companies a combined $30 million for deceptively marketing prepaid calling cards. The FCC found that the companies falsely advertised that their low-cost prepaid calling cards could allow consumers far more calling minutes than were in fact being sold. The FCC press release explains that "[t]he companies targeted advertising […]

Elizabeth Warren in HuffPo: The Banking Industry’s Transparent Attempt to Weaken the CFPB

Here. The entire essay is worth reading, but here's an excerpt to whet your appetite:   The latest industry-sponsored bill would fundamentally change the structure of the CFPB by replacing the agency's single, independent director with a commission of political appointees. * * * [T]he agency is working, which may be exactly why the big […]

Klonoff Predicts the Future for Class Actions

Robert H. Klonoff of Lewis & Clark has written Class Actions in the Year 2025: A Prognosis, Forthcoming in the Emory Law Journal. Here is the abstract: In this Article, I reflect on what the federal judiciary has done in recent years, and I attempt to predict what the class action landscape will look like […]

Fourth Circuit: major loan servicer is not arm of the state, can be sued

In two cases today (one of them litigated by Public Citizen), the Fourth Circuit held that the Pennsylvania Higher Education Assistance Agency (PHEAA) is not entitled to claim Pennsylvania's sovereign immunity because PHEAA is not an arm of the state. In fact, PHEAA is effectively an independent business, which holds, services or guarantees more than $100 billion […]

Has the Ninth Circuit “Sub Silentio Overrule[d Its Own] ‘Initial Interest Confusion’ Doctrine”?

by Paul Alan Levy Earlier this year, I discussed a troubling decision from the United States Court of Appeals for the Ninth Circuit that reinstated a complaint by Multi-Time Machine, a maker of fancy watches, based on the way in which Amazon’s internal search engine returned results when users entered the search string “mtm special […]

Obamacare Is Beating Its Goal of Reducing the Uninsured Rate

That's the name of this article by Kevin Drum.  Here's an excerpt: In 2010, just after Obamacare passed, CBO estimated that the uninsured rate would hit 8 percent by 2016. This was based on the original law, but in 2012 the Supreme Court made Medicaid expansion voluntary and most red states opted out. In July CBO updated its projections to […]