In The News

Hall of Shame: Chinese Chicken Jerky Dog Treats and the FDA

For years, the U.S. Food and Drug Administration (“FDA”) has been investigating a possible contamination in chicken jerky dog treats. The investigation began in 2007 (on the heels of the massive ...

Ending the Judicial Vacancy Crisis

Chief Justice Roberts recently issued his annual year-end report on the federal judiciary.[1]  After focusing in large part on the “aggressive” cost-containment measures that the Judicial Branch ...

Supreme Court to Take Yet Another Look at Arbitration

Consumer rights are on the line as the Supreme Court decides to take up mandatory binding arbitration clauses once again.  Last time, in 2011’s AT&T Mobility v. Concepcion decision, the ...

In re DDAVP Indirect Purchaser Opinion: Getting It Right

Recently, Judge Seibel of the Southern District of New York denied Defendants’ motion to dismiss in the In re DDAVP Indirect Purchaser Antitrust Litigation.[1]  The case involves the drug DDAVP, ...

Medical Devices in the Market: Are they Safe, or Just Similarly Dangerous?

Efficiency and speed is valued when bringing new medical devices to the market, but what remains relatively unknown are the risks inherent in the current U.S. Food and Drug Administration (FDA) ...

GSK Pays for its Past, But What About its Future

Federal prosecutors announced Monday a record-breaking $3 Billion settlement with the pharmaceutical giant GlaxoSmithKline (“GSK”). GSK, which agreed to plead guilty to criminal charges, is ...

A Look at CAFA: Seven Years in the Making

In 2005, Congress passed the Class Action Fairness Act (“CAFA” or the “Act”). The Act was supposedly drafted to prevent class action lawsuit abuse, but it threw the baby out with the bathwater ...

A New Role for Jurors in Civil Trials

As of July 1, 2012, jurors will play a much more active role in civil jury trials in Illinois, a change that may be met with both excitement and reluctance.  On April 3, 2012 the Illinois ...

The Continued Fight to Undo Mensing

Last month, I highlighted the mounting pressure to remedy the inconsistencies and inequities resulting from the Supreme Court’s decision in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011).  In ...

The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.

The Wall Street Journal’s May 4 Opinion page brought me some pause.  Not for its crafty wordplay (indeed, the “plaintiffs lobby” was a pretty clever way to portray plaintiffs’ attorneys some ...

Mazza v. Honda: The Death of Class Action, or Just Making the Plaintiffs’ Bar Work a Little Harder?

In January in Mazza v. Honda, the Ninth Circuit Court of Appeals vacated an order of the Central District of California certifying a nationwide class of purchasers and lessees of the Acura RL ...

A Renewed Attempt To End Anticompetitive Pay-For-Delay Settlement Agreements

President Obama invoked the ire of the pharmaceutical industry a few weeks ago by including in his proposed budget for Fiscal Year 2013 a renewed proposal “to increase the availability of ...
No results found.