Cases / Briefs

May 9, 2012 Cases / Briefs

In Re Cincinnati Radiation Litigation

Challenge to proposed no-opt-out class action settlement of all claims against the University of Cincinnati, the U.S. government, and others for conducting human radiation experiments on hospital patients. We helped stop and improve the proposed no-opt-out class action settlement In Re Cincinnatti Radiation Litigation of…

May 9, 2012 Forced Arbitration Cases / Briefs

Homa v. American Express

This case presented the question of whether, in a case in which the uncontroverted evidence establishes that a company’s class action ban would effectively preclude a party from vindicating his substantive statutory rights, a court could refuse to enforce the arbitration clause notwithstanding the U.S….

May 9, 2012 Cases / Briefs

Heinricher v. Volvo Car Corporation

We handled this appeal of a ruling that common-law claims that a 1990 Volvo sedan was defective because its rear-center seat was equipped with a two-point lap belt, instead of a three-point lap/shoulder belt, are preempted by the governing federal regulatory option. Public Justice Attorney…

May 9, 2012 Cases / Briefs

Haynes v. National Railroad Passenger Corporation d/b/a Amtrak

Challenge to federal preemption defense on behalf of family of a train passenger who developed Deep Vein Thrombosis (DVT) and died while on a train ride from Chicago to Los Angeles. Opposition to federal preemption defense on behalf of family of a train passenger who…

May 9, 2012 Federal Preemption Cases / Briefs

Harvey v. Kaiser Foundation Health Plan

Part of a set of cases against HMOs in Maryland charges that the HMOs violated Maryland law by practicing subrogation. Part of a set of cases against HMOs in Maryland charging that the HMOs violated Maryland law by practicing subrogation. In the state courts, after…

May 9, 2012 Cases / Briefs

Graham v. Security Pacific Housing Services, Inc.

Challenge to proposed Bank of America national consumer class action settlement that would have paid the class $2 million, class counsel $5.4 million, and barred some class members from opting out. We stopped and improved the proposed Bank of America national consumer class action settlement…

May 9, 2012 Cases / Briefs

Graham v. Daimler Chrysler Corporation and Tipton-Whittingham v. City of Los Angeles

We filed amici briefs joined by more than two dozen public interest groups and practitioners, urging the California Supreme Court to uphold the “catalyst theory” as a basis for seeking attorneys’ fees under a California statute that permits fee awards for successful private attorneys general.

May 9, 2012 Cases / Briefs

Gorman v. Wolpoff & Abramson

Public Justice filed an amicus brief, joined by Public Citizen, in support of the Plaintiff-Appellant’s Opposition to MBNA’s Petition for Rehearing. This amicus brief argues that the federal Fair Credit Reporting Act (FCRA) does not preempt the remedies provisions of the California Consumer Credit Reporting…

May 9, 2012 Cases / Briefs

Geier v. Honda Motor Company, Inc.

We argued and won a mixed decision from the U.S. Supreme Court on whether federal law preempts and bars damage claims against the auto manufacturers by drivers and passengers injured because their cars lack airbags. The court ruled unanimously that no claims are expressly preempted,…

May 9, 2012 Cases / Briefs

Gee v. Pacheco

As part of Public Justice’s Iqbal Project, we filed a post-judgment amicus brief in this Tenth Circuit appeal, urging the court to amend some of the language in its opinion about Iqbal as applied to prisoner claims. In particular we urged the court to delete…