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Cases / Briefs

April 18, 2012 Cases / Briefs

Cardegna v. Buckeye Check Cashing, Inc.

In this putative class action, the U.S. Supreme Court held that a mandatory arbitration clause may be enforced even when it is embedded in an agreement whose principal purpose is alleged to violate Florida’s criminal laws against usury and loan sharking.  The plaintiffs argued, and…

April 18, 2012 Cases / Briefs

Buffington v. SunTrust Banks, Inc. and Hough v. Regions Financial Corp.

Amicus briefs urging the U.S. Court of Appeals for the Eleventh Circuit to grant rehearing or rehearing en banc of a pair of panel decisions enforcing “loser-pays” (or fee-shifting) provisions in the banks’ arbitration clauses.   The plaintiffs in Buffington and Hough alleged that the banks violated Georgia state law by collecting overdraft charges…

April 18, 2012 Cases / Briefs

Buckeye Check Cashing, Inc. v. Cardegna

In this putative class action, the U.S. Supreme Court held that a mandatory arbitration clause may be enforced even when it is embedded in an agreement whose principal purpose is alleged to violate Florida’s criminal laws against usury and loan sharking.  The plaintiffs argued, and…

April 18, 2012 Cases / Briefs

Bruesewitz v. Wyeth, Inc.

Public Justice, the American Association for Justice, and Public Citizen filed an amici brief arguing that the National Childhood Vaccine Injury Act does not preempt state-law design defect claims against drug manufacturers. The brief emphasizes the important role that the tort system plays in promoting public safety…

April 18, 2012 Cases / Briefs

Brailsford v. Nissan Motor Company

We won the first decision in the country to uphold a plaintiff’s right to sue an auto maker for its failure to install a lap/shoulder belt in the rear-center seat of a passenger car.  The plaintiff in this case was a four-year-old boy who was…

April 18, 2012 Cases / Briefs

Boumediene v. Bush and Al ‘Odah v. United States

Amici to U.S. Supreme Court arguing that prisoners held as “enemy combatants” in Guantánamo Bay have a constitutional right to seek federal habeas corpus review of their indefinite detention. Public Justice and the American Civil Liberties Union filed an amici brief, arguing that prisoners held as “enemy combatants” in Guantánamo…

April 18, 2012 Cases / Briefs

Boehr v. Bank of America

We stopped and improved a proposed class action settlement in Boehr v. Bank of America that would have provided almost no relief to the class and paid nearly $1.5 million to five hand-picked “charities” including the Bank’s own Consumer Education Fund.  The revised settlement paid over $3.1…

April 18, 2012 Cases / Briefs

Blanco v. Key Bank

Opposition to bank’s federal preemption defense in case involving a bogus trade school and fraudulent student loans. Plaintiffs obtained loans from Key Bank, a national bank, to attend a trade school that closed down before their classes were completed.  They filed a lawsuit seeking, inter…

April 18, 2012 Cases / Briefs

Betts v. Fastfunding

This case was brought in Orange County, Fla., against a payday lender that had been charging interest rates on its loans that far exceeded the usury limits in Florida. The plaintiff was sent to arbitration with instructions from the appeals court that the arbitrator must…

April 18, 2012 Cases / Briefs

Bernal v. Daewoo

This case arises out of a terrible rollover auto accident that cost Dolores Pacheco her life and left her son-in-law, Manuel Bernal, with catastrophic injuries. Dolores, who was sitting in the rear-side seat of a 2000 Daewoo Leganza manufactured by defendant Daewoo Motor Company Inc….

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