Arbitration Clauses: Coming soon to a Online Customer Service Agreement near You

October 29, 2014

Earlier this year, I wrote about the online storage company Dropbox adding an arbitration clause to its customer service agreement. It seems Dropbox is in very good company on the Internet these days. According to New York Times blog “The

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Generic Drug Labeling: The Saga Continues

October 22, 2014

Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning the Supreme Court’s decision in PLIVA v. Mensing. Currently, a generic

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You Might Be Able to Avoid Forced Arbitration, Even in 2014

October 06, 2014

The Seventh Circuit has recently upheld litigants’ rights to pursue their claims in court rather than in arbitration in two cases: Druco Restaurants, Inc. v. Steak ‘n Shake Enterprises, Inc. et al., No. 13-3489, 2014 U.S. App. LEXIS 16869 (7th

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The Hits Just Keep On Coming… Halliburton v. Erica P. John Fund

June 25, 2014

Two days ago, the Supreme Court issued its opinion in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317, holding that at the class certification stage of a securities fraud class action, a defendant may offer direct

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Hall of Shame: Experian

June 20, 2014

As someone who has experienced a (relatively minor) case of identity theft, I can personally attest to how frustrating and time consuming it can be to correct blatant misinformation with the various consumer credit reporting companies.  Proving that I was

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Court Calls for More

June 12, 2014

Our Court of Appeals in Chicago continues to push for more, from advocates and trial judges. More evidence, more facts, more data, and more non-legal research. When the judges in the Seventh Circuit do not find answers in the record,

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Who’s the Manufacturer? 3-D Printing Implications for Product Liability Law

May 29, 2014

3-D printing—the process of making a three-dimensional solid object of virtually any shape from a virtual computer model—is quickly becoming a reality. This evolving technology allows individuals to print physical objects based on computer blueprints in almost real time. In

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Dramatic Discovery in Class Litigation

May 19, 2014

“You have to look under things.” That was my Mother’s saying when I was a kid, whenever I was searching for something. My lost shoes, or my lost jacket, or my lost lunchbox. That saying echoed in my head recently,

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The Comcast-Time Warner Cable Merger: A Cause for Concern

March 03, 2014

On February 13, Comcast Corporation announced its agreement to acquire Time Warner Cable in a $45.2 billion stock-for-stock transaction.  The merger of the nation’s two largest cable companies and the first and third largest Internet service providers would create a

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Handling Scientific Proof Better

December 13, 2013

Is the legal profession especially sloppy with scientific evidence? The Court of Appeals for the Seventh Circuit seems to think so. The Court of Appeals has now written – in three different cases in the last three months – that

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