Our court system was designed to help individuals, businesses, and governments resolve their disputes. Part of access to justice means being able to use the courts to sue those who wrong you. This case is about whether a consumer can sue the federal government when it violates the Fair Credit Reporting Act (FCRA). The federal…
Active Day is a Medicaid provider that operates the country’s largest network of daytime care services for adults with developmental disabilities. The company provides these services in accordance with the Intellectual Disability/Related Disabilities Medicaid Waiver (ID/RD)—a program that permits states to offer an array of home and community-based services that an individual with intellectual disabilities…
Public Justice filed an amicus brief on behalf of Statutory Interpretation Scholars in Health and Hospital Corporation of Marion County v. Talevski, a case brought before the U.S. Supreme Court that raises the question of whether § 1983 can be used to enforce Congress’s Spending Clause statutes. This case involves claims by the family of…
Public Justice is pleased to report an amicus victory in Thompson v. Polaris Inc., a Minnesota Supreme Court case decided in December 2021. Polaris, a leading manufacturer of outdoor powersports vehicles, attempted to conceal a safety audit report—relevant evidence in the case—by claiming attorney-client privilege. Polaris is facing product liability litigation across the country involving…
Public Justice is co-counsel in this California Supreme Court appeal involving the Song-Beverly Consumer Warranty Act, popularly known as the “Lemon Law,” which provides remedies for consumers who purchase cars so defective that they cannot be repaired. The Lemon Law requires manufacturers to promptly repurchase these defective vehicles, or “lemons,” from consumers. Manufactures cannot re-sell…
Public Justice is co-counsel in this 11th Circuit appeal of a decision in a federal MDL dismissing nationwide failure-to-warn and design defect claims against the manufacturers and sellers of the pharmaceutical product Zantac and its generic forms. The appeal raises an important issue of first impression in the 11th Circuit relating to the duty of…
This California Supreme Court appeal involves home owners who were victimized by a mortgage lender’s mishandling of a mortgage modification application that resulted the sudden loss of their home to an unexpected bank foreclosure. The decision on appeal held that a mortgage lender and servicer (here, Wells Fargo Bank) does not owe a borrower a…
Public Justice is co-counsel in an 11th Circuit appeal of a decision denying certification of a consumer class action on “ascertainability” grounds. The proposed class action concerns hundreds of thousands of consumers who own small refrigerators used in recreational vehicles. According to the plaintiffs, the refrigerators start to corrode as soon as they are installed,…
Public Justice has defended this Ninth Circuit appeal of a headline-generating $80 million verdict against chemical giant Monsanto on behalf of a California man who developed non-Hodgkin’s lymphoma after decades of exposure to Monsanto’s best-selling weedkiller Roundup. Hardeman sued Monsanto in 2016, arguing that his cancer was caused by Roundup, which lacked any kind of warning…