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

May 09, 2012

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

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CFPB Takes on Mandatory Arbitration Clauses

April 30, 2012

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

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A Call to Restore the Rights of Generic Drug Consumers

April 17, 2012

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

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Criminalizing Whistleblowing: Big Ag Wins at Consumers’ Expense

April 13, 2012

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

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Timely News Reminders on the Importance of Private Antitrust Enforcement

April 04, 2012

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

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

March 07, 2012

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

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

March 05, 2012

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

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