June 2013

June 27, 2013 In Updates

Supreme Court Grants Big Pharma Co. Immunity for Defectively Designed Drug

Today, ruling 5 to 4, the U.S. Supreme Court dramatically limited generic drug companies’ liability for manufacturing defectively designed drugs. The case is Mutual Pharmaceutical Co., Inc. v. Bartlett. In Bartlett, Public Justice filed an amici brief with the American Association for Justice. Plaintiff Karen…

June 26, 2013 In Blog

The Supreme Court’s majority: Undermining the rule of law with legal fictions

By Arthur Bryant, Executive Director The U.S. Supreme Court is supposed to stand for — and symbolize — the rule of law in America. This term, however, the Court’s majority has undermined the rule of law. And it has repeatedly used legal fictions to do…

June 24, 2013 In Blog

Bartlett: A nonsensical result required by neither law nor policy

By Claire Prestel, Staff Attorney I know everyone is eager for the Supreme Court’s rulings on gay marriage and voting rights. But don’t let the Court’s alarming ruling today on generic drugs get lost in the shuffle: By a 5-4 vote, reflecting the typical right/left…

June 24, 2013 In Updates

Supreme Court Sides with American Express on Arbitration

“This is a devastating day for justice in America,” said Public Justice Executive Director Arthur Bryant. “The U.S. Supreme Court just issued its decision in American Express Co. v. Italian Colors Restaurant and gave corporations a license to steal.” And in today’s blog post, Senior…

June 24, 2013 In Updates

Brief Argues FINRA Not Preempted, Brokerage Firms Cannot Ban Class Actions

Public Justice has just partnered with the AARP and the National Consumer Law Center (NCLC) on a brief challenging Charles Schwab’s position that the Federal Arbitration Act (FAA) preempts Financial Industry Regulatory Authority (FINRA) rules. In October 2011, Schwab mailed out amendments to its investor…

June 24, 2013 In Updates

Third Circuit Rules Local Toxic Tort Suit Can’t Be Removed to Federal Court Under CAFA

In a published opinion stamped “PRECEDENTIAL,” the Third Circuit has held that, under the Class Action Fairness Act of 2005 (CAFA), four hundred residents of the Virgin Islands harmed by toxins from a bauxite refinery site should have their claims heard in state, not federal,…

June 20, 2013 In Blog

Worst Supreme Court arbitration decision ever

By Paul Bland, Senior Attorney So, today, in American Express v. Italian Colors, the U.S. Supreme Court said that a take-it-or-leave-it arbitration clause could be used to prevent small businesses from actually pursuing their claims for abuse of monopoly power under the antitrust laws. Essentially,…

June 19, 2013 In Blog

Pittsburgh citizens protest UPMC’s use of 14th Amendment to sue city

By Claire Prestel, Staff Attorney The outrage is building against the University of Pittsburgh Medical Center’s unsavory claim that its civil rights are being violated by the City of Pittsburgh’s challenge to its tax-exempt status. A few weeks ago, I blogged about Pittsburgh’s lawsuit against…

June 18, 2013 In Blog

DNA collection not as intrusive as car search, says Justice Stevens at ACS

By Leah Nicholls, Kazan-Budd Attorney Earlier this month, the Supreme Court upheld a Maryland law providing that, as part of the police booking procedure, DNA samples should be taken from arrestees and run through a state database whether or not the arrestee was arrested for…

June 12, 2013 In Blog

EPA delays again on CAFOs: The continuing lack of regulation over one of America’s most dangerous industries

By Jessica Culpepper, Food Safety & Health Attorney Advocates looked for the long-awaited release of a National Concentrated Animal Feeding Operation Rule this week — to no avail. As part of a settlement agreement in Fowler v. U.S. Environmental Protection Agency, a case filed against…