Recent Ninth Circuit Ruling on Nutrition Labeling is a Win for Consumers

March 24, 2015

On March 13, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a consumer-friendly decision in Reid v. Johnson & Johnson, a false advertising case concerning assertions made by a Johnson & Johnson subsidiary about its product Benecol.

Read more

CFPB Study Confirms Arbitration Clauses Do Not Benefit Consumers

March 11, 2015

If you ask a company representative if they think arbitration clauses are harmful to consumers, more than likely, they will say no. If you ask the average consumer if they think arbitration clauses are harmful to consumers, they will ask

Read more

A Fish Story

February 27, 2015

In the timeless words of Dr. Seuss, “From there to here, from here to there, funny things are everywhere.”[1] On February 25, 2015, the United States Supreme Court decided Yates v. United States,[2] a case about evidence destruction and the

Read more

Direct-to-Consumer Advertising: Is Less Really More?

February 12, 2015

At the heart of a case involving a prescription drug is the question of risks – what risks exist, what risks were known, and what risks were warned about. All of us have seen prescription drug advertisements that include a

Read more

New Rules for Clinical Trial Transparency: Did the NIH and FDA Provide a Solution or Merely Identify a Problem?

December 17, 2014

Clinical trials—or the lack thereof—often play a central role in cases involving dangerous drugs and medical devices. If and when manufacturers had knowledge of the dangers associated with their products goes directly to the liability of those manufacturers. All too

Read more

Eric Garner, Michael Brown and You

December 10, 2014

The deaths of Eric Garner and Michael Brown have brought several topics to the forefront of public discussion in recent weeks. Questions of racial profiling, discrimination and the threat of an increasing police state have bubbled up into the public

Read more

Arbitration Clauses: Coming Soon to an 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

Read more

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

Read more

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

Read more

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

Read more