This appeal raises questions regarding the scope of federal preemption of state tort law claims based on injuries caused by a medical device—an issue at the core of our Access to Justice work. The question is whether the Food, Drug and Cosmetic Act expressly or impliedly preempts state tort claims predicated on a medical device…
Public Justice joined an amici brief to the U.S. Court of Appeals in the Ninth Circuit in support of the plaintiff-appellees, two student-athletes who are challenging an Idaho law that bans transgender women and girls from participating in sports consistent with their gender identity. The law requires proof of “biological sex” and uses criteria that…
This was a federal civil rights lawsuit brought by Dr. Jenny Conviser, an accomplished psychotherapist, and her company, Ascend. For over a decade, Dr. Conviser and her companies were DePaul University’s mental health resource for student-athletes and athletics staff. But when Dr. Conviser spoke up about Title IX abuses and encouraged others to do the…
This was a lawsuit brought under the Administrative Procedure Act to challenge key provisions of the Title IX regulations promulgated in 2020 by the U.S. Department of Education under the leadership of former Secretary of Education Betsy DeVos. The regulations limited the rights of students who experience sexual harassment at school and represented a dramatic…
Public Justice is appellate co-counsel in Moore v. LaSalle Management, an appeal before the U.S. Court of Appeals for the Fifth Circuit in this action on behalf of the surviving family members of Erie Moore, who was beaten to death by guards at a for-profit prison in Louisiana. The facts of the case are horrific.…
Public Justice is co-counsel in this California Supreme Court appeal involving the Song-Beverly Consumer Warranty Act, popularly known as the “Lemon Law,” which provides remedies for consumers who purchase cars so defective that they cannot be repaired. The Lemon Law requires manufacturers to promptly repurchase these defective vehicles, or “lemons,” from consumers. Manufactures cannot re-sell…
Public Justice is co-counsel in this 11th Circuit appeal of a decision in a federal MDL dismissing nationwide failure-to-warn and design defect claims against the manufacturers and sellers of the pharmaceutical product Zantac and its generic forms. The appeal raises an important issue of first impression in the 11th Circuit relating to the duty of…
This is a case against Amazon on behalf of workers and their families at JFK8, the company’s Staten Island fulfillment center, who have been subjected to working conditions that have failed to prevent the spread of COVID-19 at the facility and in the workers’ communities. On June 3, 2020, Public Justice joined Make the Road…
Public Justice was co‐counsel in this Third Circuit appeal, which raises issues related to qualified immunity and on punitive damages in the civil rights context. A repossession company tried to take Angela Hyman’s car from her driveway while her wife was sitting in it. It is clearly established that the Constitution forbids police from helping…