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Consumer Protection

  • September 13, 2018

    Centene Seeks To Avoid Class Action Over Provider Network

    Centene Management Company LLC has urged a federal court to toss a proposed class action alleging it misrepresented the size of a provider network, saying the amended suit is trying to second-guess Washington state regulators’ work.

  • September 13, 2018

    FDA Never Saw Birth-Defect Tests On GSK Drug, Families Say

    Families suing GlaxoSmithKline who claim the anti-nausea medication Zofran led to birth defects argued Thursday in Massachusetts federal court that crucial tests were not shown to the U.S. Food and Drug Administration when it rejected a correlation between the drug and defects as the families tried to beat the company's motion for summary judgment.

  • September 13, 2018

    CFPB's 1st Suit Under Mulvaney Targets Pension Advance Co.

    The Consumer Financial Protection Bureau filed its first new lawsuit under acting Director Mick Mulvaney on Thursday, targeting a California pension advance company that a number of state regulators and consumers have accused of making predatory loans disguised as asset sales.

  • September 13, 2018

    Pa. Appeals Court Won't Narrow Consumer Protection Law

    The Pennsylvania Superior Court upheld the “catchall” provision of the state’s consumer protection law, issuing a ruling Wednesday that a company can be sued for deceptive practices without the plaintiff having to show negligence or fraud.

  • September 13, 2018

    Attys May Face Sanctions After 'Egregious' Omission

    An Illinois federal judge threw out a Fair Debt Collection Practices Act suit and ordered the attorneys who filed it to explain why they should not be sanctioned for failing to mention a Seventh Circuit ruling that directly contravened the claims, calling the omission “egregious.”

  • September 13, 2018

    VW Says Investors Can’t Piggyback On German Probe

    Volkswagen AG on Tuesday told a New York federal judge that investors are relying on unproven accusations in a German antitrust probe to make their claims that the automaker inflated its stock price, and the automaker urged the court to strike the suit.

  • September 12, 2018

    NY Judge Nixes Rest Of Legal Funder Suit After Booting CFPB

    A Manhattan federal judge concluded Wednesday that her decision earlier this year that the Consumer Financial Protection Bureau is unconstitutionally structured and must exit a lawsuit accusing RD Legal Funding of scamming injured NFL players and 9/11 responders means that New York’s attorney general can’t proceed with the rest of the case, after all.

  • September 12, 2018

    Ed Dept. Stay Of Student Loan Rules Vacated As Arbitrary

    A D.C. federal court on Wednesday held that the U.S. Department of Education's delay of Obama-era student loan protection rules is based on an unlawful construction of the Higher Education Act of 1965.

  • September 12, 2018

    Unmanifested Defects Claims OK'd In GM Ignition Switch MDL

    A New York federal judge Wednesday found plaintiffs in dozens of states in the General Motors ignition switch MDL can recover damages even if the alleged defect never manifested and can recover earnings lost while dealing with the defect.

  • September 12, 2018

    Online Shoppers Seek Final OK On $3.3M TCPA Settlement

    A class of people who say they received unwanted telemarketing calls after they purchased children’s slippers online asked an Illinois federal judge to sign off on a $3.3 million settlement Tuesday, saying the hard-fought case has reached its conclusion.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    NM Sues App Maker, Google, Twitter Over Kids' Data

    New Mexico's attorney general launched a suit in federal court against app developer Tiny Lab and several of its advertising partners, including Google and Twitter, for allegedly flouting the Children's Online Privacy Protection Act by surreptitiously collecting and using kids' location information and other personal data to target advertising. 

  • September 12, 2018

    9th Circ. Upholds Settlement In Olive Oil Labeling Suit

    A California district court was right to approve a $1 million settlement that ended a mislabeling class action against an olive oil producer, the Ninth Circuit said, as it shot down an appeal challenging the fairness of the deal filed by prominent class action crusader Ted Frank.

  • September 12, 2018

    Kombucha Co.'s Labeling Suit Against Competitor Gets Boot

    A California federal judge Wednesday dismissed a kombucha maker’s claims a competitor misrepresents the sugar and alcohol content of its products, saying the plaintiff provided insufficient evidence the beverage is labeled incorrectly or that it was hurt by the alleged misrepresentations.

  • September 12, 2018

    Samsung Can't Nix Shattering Phone Camera Class Action

    A California federal judge said Wednesday she won’t toss a putative class action claiming Samsung sold defective smartphones with camera lenses covered with glass that spontaneously shatters, but said she wants to know “sooner than later” if millions of potential class members are bound by arbitration.

  • September 12, 2018

    Microsoft Calls For Limits On Gov’t Access To Consumer Data

    Microsoft has called for international agreements to protect consumer privacy and standardize law enforcement’s access to evidence, in an announcement that attorneys say, although constructive, raises more questions about how service providers will deal with international data grabs.

  • September 12, 2018

    Warranty Arbitration Clause Was Clear, NJ Justices Told

    Two home warranty companies on Wednesday urged the New Jersey Supreme Court to enforce their arbitration clause, arguing that a lower appeals court wrongly expanded the alternative dispute resolution language requirements set by high court precedent.

  • September 12, 2018

    Tech Firms Face 1 Hour EU Limit To Scrub Terrorist Content

    Tech companies could face massive fines in Europe for not removing terrorist content from their platforms within an hour of being notified, if legislation proposed Wednesday by the European Commission is approved.

  • September 12, 2018

    Sports Cos. Agree To Stop Saying Imported Gear Made In USA

    The Federal Trade Commission announced Wednesday that it's reached settlements in two cases concerning sporting goods companies allegedly selling imported equipment under a "Made in USA" label, securing agreements that the companies will stop falsely marketing the foreign-made hockey pucks, backpacks and other items as domestically produced.

  • September 12, 2018

    Akerman Adds CFPB, JPMorgan Consumer Finance Attys

    Akerman LLP has added two partners to its consumer finance practice, scoring a former Consumer Financial Protection Bureau attorney and a vice president and assistant general counsel at JPMorgan Chase to bolster its roster.

Expert Analysis

  • AI In Lending: Key Challenges And Practical Considerations

    David Stein

    A recent report from the U.S. Treasury Department discussed the use of artificial intelligence in financial services and identified related legal challenges. There is little risk of financial regulators taking proactive steps to restrict the use of AI, but existing laws and regulations adopted long before its advent remain in effect, says David Stein of Covington & Burling LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Carpenter Ruling May Be Turning Point In Digital Data Privacy

    Kim Peretti

    While the U.S. Supreme Court proclaimed its Carpenter holding was narrow, its unprecedented recognition of an individual’s privacy interest in data held by third parties could signal significant changes in privacy more generally, say attorneys with Alston & Bird LLP.

  • Sidewalks: The Next Mobility Frontier

    Michele Satterlund

    Sidewalks are an increasingly integral part of how people and goods are transported. While some jurisdictions are banning certain technologies from their sidewalks, others are recognizing the importance of expanding mobility options, says Michele Satterlund, an attorney with McGuireWoods LLP and lobbyist with McGuireWoods Consulting.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.