We have blogged several times (here, here, here, here, and here) about the Federal Trade Commission's challenges to "pay-to-delay" settlements between brand-name and generic drug companies, in which the brand-name company pays the generic to delay selling a generic equivalent of the brand-name drug. The Legal Times reports that the new chair of the Senate's […]
Not that I want to generate sales of the book, but here is an ad for a guide for debt buyers that contains the statement above (HT: Gina Calabrese).
As Todd Ruger explains in this National Law Journal article, "Senate Republicans are looking to stop work at the National Labor Relations Board and the Consumer Financial Protection Bureau, piggybacking on a federal appeals court ruling that invalidated some of President Barack Obama's controversial recess appointments."
by Brian Wolfman On January 25, 2013, Steve Schultze of Princeton University spoke about the fee-based system for access to federal court documents known as PACER. (PACER stands for Public Access to Court Electonic Records.) At a Capitol Hill event sponsored by the Advisory Committee on Transparency, Schultze said that PACER charges far more than […]
Kent H.Barnett of Georgia has written To the Victor Goes the Toil–Remedies for Regulated Parties in Separation-of-Powers Litigation, in which he mentions the Big Spring case over the validity of the president's recess appointments, including to the Consumer Financial Protection Bureau. Here's the abstract: The U.S. Constitution imposes three key limits on the design of […]
by Deepak Gupta Earlier than many had expected, a challenge to President Obama's recess appointments reached the doorstep of the U.S. Supreme Court this morning, but it was quickly rebuffed this afternoon by Justice Ginsburg in her capacity as Circuit Justice for the Second Circuit. Justice Ginsburg did not request a response or refer the […]
That's the name of a new piece by University of Texas law prof Linda Mullenix. Here's the abstract, with emphasis added to the last paragraph: In the past few years, the term “quasi-class action” has been appearing with increasing, uncritical frequency in a spate of federal court decisions. While it may be premature to characterize […]
This NPR story this morning takes a look at Florida's judicial foreclosure process, comparing it unfavorably with other states where foreclosures move faster. A banker blames the courts and defense attorneys; a judge blames the banks sloppy paperwork; a defense attorney chimes in for consumer protection. Worth a listen (or read), though the thrust of […]
by Brian Wolfman We have covered the D.C. Circuit's recent ruling striking down President Obama's "recess" appointments to the NLRB here, here, here, and here. In defending the case, government lawyers did not argue that the case was not justiciable under the political question doctrine, and the D.C. Circuit did not raise and decide the […]
by Brian Wolfman Typically, consumers buy or lease new (and used) cars from car dealers, not car makers. When Toyota owners sued Toyota over faulty anti-lock brakes recently, Toyota sought to compel arbitration, invoking the arbitration clauses in purchase contracts that the individuals plaintiffs had with various Toyota dealers. Believe it or not, that gambit […]