Following up on our recent post about whether state law permits brand-name drug manufacturers to be held liable for injuries caused by mislabeled generic drugs, take a look at Who (If Anyone) Should Be Liable for Injuries from Generic Drugs? by law professors Ezra Friedman and Abraham Wickelgren. Here is the abstract: Two recent Supreme […]
Back in January 2013, we told you about the ruling of the Alabama Supreme Court in Wyeth v. Weeks. Weeks held that, under Alabama state law, a patient harmed by a generic drug may recover from the brand-name drug manufacturer (on whose branded drug the generic drug is based) for failing to warn about the […]
Nathalie Martin of New Mexico has written Public Opinion and the Limits of State Law: The Case for a Federal Usury Cap, 34 North Illinois University Law Review (2014). Here's the abstract: This Article calls on Congress to set a federal interest rate cap of 36%, applicable to all loans. Part II of this Article briefly describes […]
The furor last spring over General Mills's attempt to require anyone who used its websites to arbitrate all claims against the company, which led to a highly publicized return to sanity by the company, hasn't deterred on-line retailers from using both "browsewrap" and "clickwrap" contract terms requiring arbitration of claims arising out of on-line transactions. […]
by Jeff Sovern This is not consumer law, but perhaps readers of the blog will appreciate some Civil Procedure humor. I asked my CivPro students to write haikus about the course. Some samples: Minimum contacts Then to hell with sovereignty Now it's personal! I think about you In substance and procedure Isn't that Erie? […]
Catherine Lee Wilson of Nebraska has written Making Prepaid Safe for Consumers: A Framework for Providing Deposit Insurance and Regulation E Protections, Forthcoming in the University of Pennsylvania Journal of Business Law. Here's the abstract: General purpose reloadable prepaid cards are part of a larger trend toward a cashless society. This market offers significant benefits […]
…is laid out persuasively here, by fellow CL&P blogger Paul Bland of Public Justice. He demonstrates why forced arbitration contravenes Tea Party principles.
From the National Highway Traffic Safety Administration (NHTSA): October 20: NHTSA urges owners of certain Toyota, Honda, Mazda, BMW, Nissan, and General Motors vehicles to act immediately on recall notices to replace defective Takata airbags. The message comes with urgency, especially for owners of vehicles affected by the regional recalls in the following areas: Florida, […]
Law professor Imre Szalai has written More than Class Action Killers: The Impact of Concepcion and American Express on Employment Arbitration. Here is the abstract: This Article highlights how two recent U.S. Supreme Court decisions, AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, although involving class actions, could impact individual […]
The Consumer Financial Protection Bureau has issued this final rule concerning the requirement that financial institutions provide an annual disclosure of their privacy policies to their customers. In some situations, financial institutions will be able to post the information online rather than provide them individually to customers, but only if the institution informs consumers annually […]