Congress Asks SEC to Enforce Consumer Protections

May 02, 2013

Congress does not have the reputation lately of working for the people. Stalemates between Republicans and Democrats continue to halt progress in both bodies of Congress. However, amidst their inability to seemingly get anything done, 37 members of the Senate

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Trio of New Class Certification Decisions in the Seventh Circuit

February 19, 2013

In the last few months, the U.S. Court of Appeals for the Seventh Circuit has issued three opinions on the topic of how trial courts should decide motions for class certification when some questions will require individualized proof. Judge Richard

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

January 31, 2013

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 recall of melamine-tainted pet food in the U.S. and

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Ending the Judicial Vacancy Crisis

January 08, 2013

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 has implemented in response to the country’s fiscal dilemmas—in FY 2012, the Judiciary

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Supreme Court to Take Yet Another Look at Arbitration

November 09, 2012

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 Supreme Court held that corporations can effectively ban class actions—both

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In re DDAVP Indirect Purchaser Opinion: Getting It Right

October 29, 2012

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, an antidiuretic containing desmopressin acetate.  Plaintiffs allege that Defendants Ferring

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

October 23, 2012

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) approval process.  The 510(k) process, outlined in the Federal

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GSK Pays for its Past, But What About its Future

July 03, 2012

Federal prosecutors announced Monday a record-breaking $3 Billion settlement with the pharmaceutical giant GlaxoSmithKline (“GSK”). The company, which agreed to plead guilty to criminal charges, is accused of illegally promoting its popular antidepressants Paxil and Wellbutrin as well as failing

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A Look at CAFA: Seven Years in the Making

June 06, 2012

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 by making it more difficult for all

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A New Role for Jurors in Civil Trials

June 04, 2012

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 Supreme Court adopted the

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