Keep the Sun Shining In

August 18, 2016

Open Payments—a program created by the Affordable Care Act—aims to provide transparency in the health care industry by publishing data on payments made to physicians and teaching hospitals by drug and medical device manufacturers for things such as meals, gifts,

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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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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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In Defense of Cy Pres Distributions

August 07, 2012

The doctrine of “cy pres,” a term that derives from the Norman French expression “cy pres comme possible,” or “as near as possible,” is an equitable doctrine that allows money damages in class actions to be used for charitable purposes

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The Continued Fight to Undo Mensing

May 30, 2012

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 Mensing, the Supreme Court held that generic drug manufacturers cannot

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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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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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Second Circuit Reaffirms Refusal to Enforce Class Action Waiver

February 13, 2012

Earlier this month, the Second Circuit Court of Appeals reaffirmed its prior holding that a class action waiver was unenforceable where it effectively precluded plaintiffs from vindicating their federal statutory rights.  In re Am. Express Merchants’ Litig., No. 06-1871, 2012

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