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Cases / Briefs

May 10, 2012 Cases / Briefs

Perry v. Novartis Pharmaceuticals Corporation

Public Justice opposed the drug company Novartis’s federal preemption defense in this case involving the prescription drug Elidel. In its motion to dismiss, Novartis argued that the plaintiffs’ failure-to-warn claims were preempted because they conflicted with the U.S. Food and Drug Administration’s approval of the…

May 10, 2012 Cases / Briefs

Ortiz v. Fibreboard Corporation

Our amicus brief in Ortiz v. Fibreboard Corporation helped persuade the U.S. Supreme Court to strike down a no-opt-out class action settlement binding all present and future asbestos victims.  The decision created new safeguards against the use of no-opt-out class actions to cap corporate liability…

May 10, 2012 Cases / Briefs

Oberg v. Honda Motor Company

We challenged the protective order sealing evidence of three-wheeled all-terrain vehicles’ (ATV’s) dangers in Oberg v. Honda Motor Co., the first case to award punitive damages against an ATV manufacturer.  The court unsealed the evidence and opened it to the public.

May 10, 2012 Cases / Briefs

O’Hara v. General Motors Corp.

In O’Hara v. General Motors, the court held — as Public Justice’s amicus brief urged — that Federal Motor Vehicle Safety Standard 205, a regulation that gives car makers the option of using either advanced glazing or tempered glass in car side windows, is a…

May 10, 2012 Cases / Briefs

Nagrampa v. MailCoups, Inc.

We were lead counsel on an appeal to the Ninth Circuit, where we argued that an arbitration clause between a one-woman franchise owner in California and its national parent corporation was unconscionable, in part because it required arbitration in Massachusetts and forced the franchisee to…

May 10, 2012 Cases / Briefs

Mensing v. Wyeth

Appeal of Minnesota federal court decision holding (1) that a plaintiff’s failure-to-warn claims against generic drug companies for injuries caused by metoclopromide are preempted by federal law; and (2) that her failure-to-warn claims against the manufacturers of the brand-name version of the drug could not…

May 10, 2012 Cases / Briefs

McQuillan v. Check ‘n Go

One of a number of Public Justice’s challenges to payday lending operations under North Carolina law. Check ‘n Go removed McQuillan to federal court, but the case was remanded to state court. In December 2005, the court granted defendants’ motions to compel arbitration, rejecting plaintiffs’ arguments…

May 10, 2012 Cases / Briefs

Masters v. DirecTV

The plaintiffs in this putative nationwide class action allege that DirecTV has violated California consumer protection laws by engaging in a “bait and switch” scheme in which it markets satellite television receivers for purchase, informing customers only after the sale is completed that they have…

May 10, 2012 Cases / Briefs

MacDonald v. City Hospital

Public Justice filed an amicus brief urging the West Virginia Supreme Court to strike down the state’s statutory cap on non-economic damages as unconstitutional under the state constitution. Plaintiff James MacDonald developed rhabdomyolysis, life-threatening muscle condition, after a City Hospital physician erroneously prescribed him a…