You Should Know

Recent Ninth Circuit Ruling on Nutrition Labeling is a Win for Consumers

On March 13, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a consumer-friendly decision in Reid v. Johnson & Johnson, a false advertising case concerning assertions made by a ...

CFPB Study Confirms Arbitration Clauses Do Not Benefit Consumers

If you ask a company representative if they think arbitration clauses are harmful to consumers, more than likely, they will say no. If you ask the average consumer if they think arbitration ...

Direct-to-Consumer Advertisements: Is Less Really More?

At the heart of a case involving a prescription drug is the question of risks – what risks exist, what risks were known, and what risks were warned about. All of us have seen prescription drug ...

New Rules for Clinical Trial Transparency: Did the NIH and FDA Provide a Solution or Merely Identify a Problem?

Clinical trials—or the lack thereof—often play a central role in cases involving dangerous drugs and medical devices. If and when manufacturers had knowledge of the dangers associated with their ...

Eric Garner, Michael Brown and You

The deaths of Eric Garner and Michael Brown have brought several topics to the forefront of public discussion in recent weeks. Questions of racial profiling, discrimination and the threat of an ...

Simplifying with Cuti and Rule 701

Last month, the Supreme Court decided not to review a decision involving lay witness opinion testimony. The case – Cuti v. United States, 720 F.3d 453 (2nd Cir. 2013) – may be valuable for ...

Getting Outside of the Office: Support the Children’s Research Fund Junior Board at Cocktails for a Cause

In addition to my passion for helping injured plaintiffs through my role as an associate attorney with Wexler Wallace’s mass torts practice, I am passionate about helping to improve the quality ...

Arbitration Clauses: Coming Soon to an Online Customer Service Agreement Near You

Earlier this year, I wrote about the online storage company Dropbox adding arbitration clauses to its customer service agreement. It seems Dropbox is in very good company on the Internet these ...

Generic Drug Labeling: The Saga Continues

Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning ...

Corinthian Colleges, Inc. and the Misappropriation of the American Dream

Earlier this month, the Consumer Financial Protection Bureau (“CFPB”) filed a complaint against Corinthian Colleges Inc., a publicly-traded, for-profit network of schools, accusing it of running ...

Defense Can’t Have it Both Ways: Plaintiffs Need Fair Shot at Discovery Before Defendants Move to Deny Certification

In the ever-evolving field of class action law, defense counsel are becoming more creative with their attempts to defeat class certification.  From preemptive motions to strike plaintiffs’ class ...

No Policy? No Problem: How Commonality Incentivizes Subjective Action

There is no denying the shortcomings of urban public education in America. In Chicago, high school graduation rates hover just over 50%, with 79% of its 8th graders labeled “Not Proficient” in ...