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.,[...]

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[...]

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[...]

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[...]

E-Cigarettes: The New Kink in the Fight Against Tobacco

April 22, 2015

While the anti-tobacco movement has made major legislative strides over the years in the fight against death and disease caused by cigarette smoking and other tobacco products, a new tobacco substitute may interfere with this progress: the electronic cigarette or[...]

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.[...]