Will the EPA’s Hydraulic Fracturing Report Affect Litigation?

June 15, 2015

On June 4, 2015, the Environmental Protection Agency (EPA) issued its findings on the potential impacts of hydraulic fracturing for oil and gas on drinking water resources. The EPA’s nearly 1,000 page draft assessment, which was conducted at the request

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Guidance for Damages Issues in Class Cases

June 02, 2015

How should trial courts deal with challenges to damages models in class actions? The Seventh Circuit recently suggested a burden-shifting approach, in a recent opinion involving loss causation in a securities fraud case. Glickenhaus & Co. v. Household Int’l Inc.,

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New Rules to Usher In Fair Pay and Safe Workplaces

May 27, 2015

Earlier today, the Department of Labor along with federal procurement agencies released what we believe to be terrific new rules that flesh out—and give teeth to—the “Fair Pay and Safe Workplaces” Executive Order signed by the President last July. (Executive

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A Setback for Generic Consumers

May 21, 2015

The road to recovery for generic drug consumers just got more difficult. After a series of rulings from the U.S. Supreme Court over the past few years, a person injured from a generic drug is almost entirely unable to bring

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Fairness in Class Action Bill Does Not Live Up to Its Name

April 28, 2015

Last week, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Constitution and Civil Justice Subcommittee Chairman Trent Franks (R-Ariz.) introduced the “Fairness in Class Action Litigation Act of 2015” (H.R. 1927). A press release announced how the bill purports “to

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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.

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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

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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

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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

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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

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