Updates

May 1, 2012 In Updates

Third Circuit Rules that American Express May Not Escape Liability for Cheating Consumers by Banning Class Actions

In a triumph for consumers in New Jersey and across the country, the U.S. Court of Appeals for the Third Circuit on February 24, held that held that the Federal Arbitration Act (“FAA”) does not preempt—or wipe away—state laws that protect consumers from abusive contract…

May 1, 2012 In Updates

U.S. Supreme Court Rejects Federal Preemption Claims in Prescription Drug Labeling, ‘Light’ Cigarette Fraud Cases

The U.S. Supreme Court recently issued two resoundingly pro-consumer decisions rejecting federal preemption of state-law claims involving injured consumers. In a March 4 ruling, the Court held 6-to-3 that federal law does not preempt lawsuits against prescription drug manufacturers for failing to warn of their drug’s…

May 1, 2012 In Updates

Alaska Supreme Court Adopts ‘Bright-Line Rule’ that Spares Workers Substantial Arbitration Costs in Employment Actions

n a victory for workers who seek to vindicate their rights under the Alaska Wage and Hour Act (AWHA), the Alaska Supreme Court held on April 3 that employers may not require their employees to arbitrate their wage and hour claims unless the employer is…

May 1, 2012 In Updates

New Mexico Supreme Court Blasts World Finance’s Arbitration Scheme; Unanimous Decision Favors Borrowers and Consumers Who Were Targeted by One-Sided Clause

When Laura Cordova of Las Vegas, New Mexico got sick and fell behind on her short-term loan payments, she explained her situation to the lender, World Finance. Apparently, the company didn’t believe her because, for weeks, agents for World Finance called Ms. Cordova on her…

May 1, 2012 In Updates

Mountaintop Removal Mine Blocked in Virginia

Less than a week after Public Justice filed a complaint in federal court and threatened to seek a temporary restraining order, the U.S. Army Corps of Engineers suspended its permit that would have allowed A&G Coal Corporation to begin filling nearly three miles of streams…

May 1, 2012 In Updates

Federal Court Rules Nationwide Lawsuit against Cingular/AT&T for Overcharges, Poor Cell Phone Service May Proceed

A class action lawsuit charging that millions of cell phone users were misled and overcharged when Cingular merged with AT&T Wireless in 2004 may go forward, a federal court ruled on May 26. In a victory for consumers nationwide, the U.S. District Court for the District…

May 1, 2012 In Updates

Proposed Settlement with CBS and Toy Retailers to Give Refunds for ‘CSI’ Toy Fingerprint Kits That May Contain Asbestos

Public Justice and the Asbestos Disease Awareness Organization announced on July 1 that a proposed settlement of a nationwide class action against CBS Broadcasting, Inc. and major toy retailers, if approved, will give cash refunds to consumers and effectively implement a nationwide recall of toy…

May 1, 2012 In Updates

NC Superior Court Sides with Consumers

Three rulings could pave the way for North Carolinians to recoup the illegally high fees paid to payday lendersA North Carolina Superior Court judge has ruled that the mandatory arbitration agreements in three payday lenders’ consumer contracts are unenforceable, effectively giving the go-ahead to class…

May 1, 2012 In Updates

HONORS FOR PUBLIC JUSTICE

Sierra Club to Honor Public Justice Attorney and Co-Counsel for Years of Outstanding Environmental Litigation in AppalachiaJim Hecker, Public Justice’s Environmental Enforcement Project Director, has been named a recipient of the Sierra Club’s 2009 William O. Douglas Award, which recognizes those who have made outstanding…

May 1, 2012 In Updates

Federal Court Grants Public Access to Evidence that Drug Company ‘Ghostwrote’ Medical Articles About Deadly Hormone Therapy Drug

Evidence of Wyeth Pharmaceuticals’ Ghostwriting Campaign for Prempro UnsealedA federal judge in Arkansas granted public access today to evidence that Wyeth Pharmaceuticals “ghostwrote” medical articles regarding its hormone therapy drug Prempro, which a national study has shown increase a woman’s risk of stroke, heart attack,…