This program examined decisions of the US Supreme Court’s 2016-2017 term, including: Bristol Myers-Squibb vs. Superior Court of California and TC Heartland v. Kraft Foods, judgments involving so-called forum-shopping. These educational programs were initiated by a bipartisan caucus of House members in 2011 as a vehicle to advance understanding of civil justice issues affecting the economy … Continue reading “Civil Justice Review of the US Supreme Court’s 2016-2017 Term”
As the U.S. Supreme Court was set to kick off its 2017 term, court watchers had their eyes on a number of important cases involving civil justice issues that were likely to have far-reaching effects. Highlights involved collective-bargaining and the National Labor Relations Act, environmental litigation, the rights of terrorism victims when suing foreign governments, … Continue reading “Civil Justice Preview of the US Supreme Court’s 2017-2018 Term”
The 2011 America Invents Act was intended to reduce costly delays and unnecessary litigation in the U.S. patent system. Among other changes, the Act created a Patent Trial and Appeal Board (PTAB) within the Patent Office to review third-party claims that a patent was inappropriately granted and to adjudicate disputes arising out of infringement claims. … Continue reading “The America Invents Act On Trial”
Around the country, businesses small and large have seen a surge in Americans with Disabilities Act-related lawsuits claiming failures to provide reasonable accommodations to customers and workers with disabilities. Critics call them “drive-by” lawsuits because many of the plaintiffs allege violations without ever getting out of their cars. A report on CBS’s 60 Minutes even suggested that … Continue reading “Americans with Disabilities Act Lawsuits: “Drive-By” Litigation or a Tool to Help the Disabled?”
From tech companies to automobile manufacturers, driverless cars are the next big thing. But who’s responsible when a driverless car is involved in an accident? Should it be the occupants of the vehicle or its owner? The car’s manufacturer or the software developer? A number of the companies working in this field have announced that … Continue reading “Autonomous Vehicles: Who to Sue if There’s No Driver?”
In November, the Department of Justice brought suit to block the merger of AT&T and Time Warner, claiming the merger would reduce market competition and harm consumers. The DOJ asserts that the merger would allow the newly formed company to use its market power to increase prices or demand more favorable terms from content providers. … Continue reading “Antitrust Law in a Digital World: The AT&T and Time Warner Merger”
Federal law requires generic drug manufacturers to use the identical warning labels as their corresponding innovator or brand-name drugs, and it forbids them from updating or adding to the language authorized by the FDA when approving those products. That means generic manufacturers cannot be sued for deficient warnings when patients using their drugs are injured. … Continue reading “Inventing New Liability? Who Should We Blame When Generic Drugs Harm Patients?”
With a new slate of Federal Trade Commission members soon to be confirmed, Members of Congress and other observers want to know how the agency will work to protect consumers from data breaches and unwanted privacy intrusions without stifling innovation and economic growth. The Commission is currently rethinking what constitutes “privacy harm” just as two … Continue reading “Privacy Challenges Ahead for New Federal Trade Commission Members”
Federal regulatory agencies bring thousands of civil enforcement actions every year. The vast majority of these cases are heard, not by independent judges, but by Administrative Law Judges hired and employed by mid-level employees of the agencies bringing suit. Supporters say ALJs streamline the enforcement process, claim the judges are protected from conflicts of interest, … Continue reading “Are Administrative Law Judges Unconstitutional?”
Class action lawsuits are an important and valuable part of the legal system because they permit many small legal claims to be aggregated into a single action against a defendant that has allegedly harmed a large number of people in a similar way. By banding together, class actions can provide a fair and efficient resolution … Continue reading “Class Action Fairness? Zero-Dollar Settlements and Cy Pres Awards Go to the U.S. Supreme Court”
