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 kind of back-room, self-interested, policy-buying dealmakers, and somehow the
The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.
CFPB Takes on Mandatory Arbitration Clauses
The Consumer Financial Protection Bureau (CFPB) opened its doors less than a year ago. Even though the federal agency was created in July, it announced last week that it would be taking on a major issue: mandatory arbitration clauses and
A Call to Restore the Rights of Generic Drug Consumers
Warning labels on generic drugs have garnered a lot of attention recently, and for good reason. In PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Supreme Court held that federal drug regulations applicable to generic drug manufacturers, which
Criminalizing Whistleblowing: Big Ag Wins at Consumers’ Expense
On March 2, 2012, Iowa’s Governor Branstad signed House File 589 into law, creating a new crime of “agricultural production facility fraud.” Utah passed a similar “agricultural operations interference” law on March 20, 2012. While their names make it sound
Timely News Reminders on the Importance of Private Antitrust Enforcement
On April 2, I read two news stories that highlighted to me the importance of the trial bar’s continuing dedication to private antitrust enforcement. The fact that these two public announcements were made on the same day simply emphasizes the
Mazza v. Honda: The Death of Class Actions, 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 equipped with Honda’s Collision Mitigation Braking System
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 generic drugs and biologics by authorizing the Federal Trade

