Consumer advocates have long been outraged by the phenomenon of "pay for delay" in the prescription drug business, whereby brand-name drug companies pay off potential generic competitors to stay out of the market. In return for the payments, the generics drop their challenges to the brand name companies' patents, and the brand name and generic […]
From Dee Pridgen: The Wyoming State Attorney General’s office recently completed its first major in-state enforcement action in recent history against the Sharps Rifle Company. The company was manufacturing a collector's item replica pistol. Sharps took deposits and payments from customers for the pistols, but never delivered the product due to technical difficulties in the […]
Here. The story is about how car makers are using arbitration clauses to defeat consumer protections, including state lemon laws, and keep defects secret.
In a blog post last June, we noted an Alabama Supreme Court ruling that a patient who took a generic version of a drug may sue a brand-name drug manufacturer for failing to warn about a drug’s risks. The court had reasoned that the brand-name manufacturer could have foreseen that a physician prescribing the brand-name […]
by Brian Wolfman We posted in March when a state trial court in New York threw out New York City's ban on the sale of sugary drinks larger than 16 ounces. We have posted many times on the ban, including here, here, here, and here. On Tuesday, New York's appeal was argued in the New […]
Here. Excerpt: First and foremost, basic consumer protections, such as bankruptcy rights and statutes of limitations on the collections of student debt must be restored. There is no justifiable reason why student loans should be treated unlike any other type of debt in America. Next, we must provide a right to borrowers to refinance their […]
In recent years, Supreme Court decisions have narrowed the circumstances in which class actions can be maintained under Federal Rule of Civil Procedure 23. In "Walking the Class Action Maze: Toward a More Functional Rule 23," law professor Robert Bone says that because these Supreme Court decisions are interpretations of the federal rule, the rule […]
This morning, the Massachusetts Supreme Judicial Court (SJC) issued two opinions addressing whether there remain any circumstances in which an arbitration agreement that bans class actions can still be challenged after the Supreme Court's decision in AT&T Mobility LLC v. Concepcion. The SJC strongly aligned itself with the view that Concepcion does not make class […]
Margaret Jane Radin of Michigan has written An Analytical Framework for Legal Evaluation of Boilerplate. Here's the abstract: This chapter develops an analytical framework that could help legal analysts – especially common law judges – make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers. It is based on […]