This case is a vivid example of why it’s important to allow lawsuits against brand-name drug companies for injuries caused by generic drugs. If the California Supreme Court lets Novartis off the hook, then the world will be a much more dangerous place.
By Gabriel Hopkins Thornton-Robb Attorney Photo by Mike Rastiello on Flickr Arbitration is nearly everywhere. For the millions of Texas residents who own a home, one of the few places that they don’t encounter forced arbitration clauses is in their homeowner’s insurance policies. But now, Texas…
Last month, Executive Director Paul Bland spoke at Breaking Through Power, a conference organized by consumer advocate Ralph Nader that brought together dozens of voices in the movement to improve civic mobilization and democratic integrity. Paul speaks about our work fighting injustices like forced arbitration…
By Arthur Bryant Chairman When corporations or the government value money over lives and safety, injure people, or discriminate against them, the courts are where they can be held accountable. But corporate and government wrongdoers don’t want to be held accountable. That’s why, for decades,…
One of the first things I learned in law school was that a corporation’s “continuous and systematic” economic activities in a particular state were sufficient to subject the company to personal jurisdiction in that state. That’s what the U.S. Supreme Court held way back in 1945. And that that remained essentially undisturbed for over 70 years. In 2014, however, the Supreme Court gave corporations a brand-new defense that they are now employing with great gusto in courts across the country. Public Justice is challenging that in a newly filed amicus brief, taking on corporations that are attempting to limit injured plaintiffs’ access to justice by advocating a narrow reading of Supreme Court precedent to effectively deny injury victims access to state courts.
Corporations took a shot at gutting America’s privacy laws, and they missed. The U.S. Supreme has found that consumers can bring claims for statutory damages (where Congress says that if a corporation breaks some law, it must pay a fixed sum, even if the claims are hard to prove), even if the consumer has not lost money or suffered a personal injury. In doing so, they rejected several arguments from corporate America that would have closed the courthouse doors to consumers.
Richard Messina signed a contract to work for two years as Vice President of Sales for North Central Distributing, a company that sells home décor and furniture under the name Yosemite Home Decor. When Yosemite fired him after six months, Mr. Messina filed a lawsuit for wrongful termination in Minnesota state court. But when the district court in Minnesota denied its transfer motion—voila! New rule! Yosemite announced for the first time that Mr. Messina had also signed an arbitration agreement and that the case actually could not continue in court at all and had to be decided by a private arbitrator instead.
2015 was a banner year for Public Justice’s work to create real change in the lives of real people and communities throughout the country. The cases we took on – and the cases we won – will have positive, far-reaching consequences for years, and even decades, to come.
When I met Maria Escamilla at her home in Laredo, Texas last year, one of the first things she said to me was, “I’ve been waiting so long.” In 2009, her son had died while in police custody at the Webb County Jail in Texas. More than 6 years later, no one had been held accountable. But on April 12, the Fifth Circuit ruled that charges against the jailers responsible for caring for Mr. Solis could move forward. At long last, those responsible for Rafael’s death can finally be held accountable.
A powerful blow has just been struck by the Ninth Circuit today, as it’s rejected a corporation’s effort to escape from legal liability by paying off a few individuals to wipe away the claims of thousands. This is a gigantic victory for consumers and workers.