In our February 8 post, Courts Not a “Natural” at Regulating Food Ads and Labels, I argued that legislatures, or regulatory bodies acting as an “agents” of the legislature, are far better suited to define politicized, complex terms like “natural” than are judges and juries through class action litigation. The context of this argument: class action [...]
Archive for the ‘Civil Justice & Litigation’ Category
Vermont Proposes a Non-Solution to “All-Natural” Class Action Lawsuits
Posted in Civil Justice & Litigation, Environmental Law & Regulation, tagged environment, speech, advertising on February 22, 2012 | Leave a Comment »
Courts Not a “Natural” at Regulating Food Ads and Labels
Posted in Civil Justice & Litigation, Health Care, tagged advertising, legal activism, litigation, speech on February 8, 2012 | Leave a Comment »
In AEP v. Connecticut, the U.S. Supreme Court unanimously declared that questions of a political nature are best decided by the democratic legislative process, not by litigation through the courts. Unfortunately, the AEP message did not get to everyone. Plaintiffs in recently launched lawsuits against Frito-Lay are asking the judiciary to clarify a term which has become [...]
Appellate Experts Assess Supreme Court at Mid-term Point
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Health Care, Regulation of Free Enterprise, U.S. Supreme Court, tagged crime, environment, Media Nosh, Supreme Court on February 8, 2012 | Leave a Comment »
Yesterday, Washington Legal Foundation held its annual “High Court Halftime” briefing program to look back on some decisions from the Supreme Court’s October 2011 term and to preview upcoming arguments. The video of this program is available here for on-demand viewing. Hosted by WLF advisory board chairman, The Honorable Dick Thornburgh, and headlined by veteran [...]
Nutella Class Action Settlement: Not Part of a Balanced Civil Justice System
Posted in Civil Justice & Litigation, tagged abusive litigation, legal activism, litigation industry on January 31, 2012 | 1 Comment »
Cross-posted by Forbes.com at WLF’s contributor site We’ve commented twice before (here and here) on the indigestion-causing class action suits that were filed in New Jersey and California against Ferrero, the maker of Nutella. The gist of the complaints is that Ferrero misled consumers with statements and images on the product label and in ads that Nutella was [...]
Second Circuit Ruling: All Is Not Lost for Chevron in Ecuador Battle
Posted in Civil Justice & Litigation, Environmental Law & Regulation, tagged environment, fraud, litigation, litigation industry on January 27, 2012 | Leave a Comment »
Cross-posted by Forbes.com at WLF contributor site Chevron Corp. suffered a setback yesterday in its efforts to prevent enforcement of a $17.2 billion judgment issued by an Ecuadorian court based on charges that Chevron is responsible for environmental damages in the Ecuadorian Amazon. The U.S. Court of Appeals for the Second Circuit in New York [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Environmental Law & Regulation, Preserving Innovation/Intellectual Property on January 13, 2012 | Leave a Comment »
EPA elbows its way into New York rule-writing for natural gas fracking (Washington Post) “Big, Bold & Bizarre”: New scholarship from the “FCPA Professor” on corruption law (White Collar Crime Professor) Convoluted, contradictory, and confusing Third Circuit class action ruling headed to Supreme Court? (Class Action Countermeasures) Post channels Carnack, predicts leading mass tort developments [...]
Update: High Court Denies Review in Case on Businesses’ Association & Speech Rights
Posted in Civil Justice & Litigation, U.S. Supreme Court, tagged litigation industry, speech, Supreme Court on January 9, 2012 | Leave a Comment »
Back on the First Monday in October 2011, we noted two First Amendment-related cert petitions that were pending with the Supreme Court. The Court denied review to the first, State Farm v. Bedell, in late November. It denied review in the second case, Natso v. 3 Girls Enterprises, today. The denial leaves untouched a troubling [...]
Money, not Hybrid Cars, is the Green in Honda Civic Class Action Settlement
Posted in Civil Justice & Litigation, tagged CAFA, litigation, litigation industry on January 9, 2012 | Leave a Comment »
Honda Civic Hybrid owners everywhere feel they’ve been cheated. Or at least that’s what their class action lawyers have said. Numerous lawsuits have been filed in the past several years alleging that Honda misled consumers in advertisements on the amount of miles per gallon their Civic Hybrid would get. Honda denies these allegations, but has decided [...]
Federal Circuit Court Goes Its Own Way on Standing in Data Security Class Action
Posted in Civil Justice & Litigation, tagged litigation, litigation industry, privacy on January 6, 2012 | Leave a Comment »
Class action lawsuits alleging data privacy-related violations were quite prevelant in 2011, and observers are expecting that trend to continue, if not expand, in 2012. The Legal Pulse has published a series of posts on one key issue in such suits – what constitutes “harm” in the context of standing to sue – over the past six [...]
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Environmental Law & Regulation, Health Care, Preserving Innovation/Intellectual Property on January 4, 2012 | Leave a Comment »
In mid-trial, judge throws out high-profile Foreign Corrupt Practices Act prosecution (Blog of Legal Times) A top ten list of significant class action rulings in 2011 (Class Action Countermeasures) Have mergers and acquisition-related suits replaced securities fraud cases as preferred class action lawyers’ main focus? (D&O Diary) Another top ten list: the worst drug/medical device [...]
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- Vermont Proposes a Non-Solution to “All-Natural” Class Action Lawsuits
- Update: FTC Urges Court to Dismiss EPIC’s Effort to Compel Action Vs. Google
- Finger on the Pulse: From Our Blogroll and Beyond
- Court Should Dismiss Privacy Group’s Suit Vs. FTC Over Google Buzz Settlement
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