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Archive for the ‘Government Transparency’ Category

DSW in action In a single response to a request from one company in 2009, and then subsequently in 2011 through a draft guidance document, the Food & Drug Administration (FDA) is sweeping aside decades of agency practice on how it determines what is a “medical device” and what is a “drug.” The distinction is a [...]

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Cross-posted by Forbes.com at WLF Contributor Site For those concerned with the federal government’s desire to influence what Americans choose to eat and drink, one particular provision of the FY 2012 Consolidated Appropriations Act has garnered a fair amount of attention. The provision, § 262 of the Act, affects the Nutrition Principles to Guide Industry Self-Regulatory [...]

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At urging of Pennsylvania Attorney General, Third Circuit seeks PA Supreme Court opinion on minority shareholders’ right to sue over merger (Legal Intelligencer) Policy ideas have consequences: Soda tax proposed in France, Coca-Cola puts $24 million expansion of French plant on hold (Vancouver Sun) Can a suit be certified as a class action solely for purpose [...]

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Judge rules lawyers can have the privilege of practicing law in New York and an immunity from having to live there to do it (N.Y. Law Journal) Legal activists law professors parrot the federal family government viewpoint on constitutionality of proposed “voluntary” food ad limits (WSJ Law Blog) Class action suit against makers of Nutella [...]

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Richard Cordray, the former Attorney General of Ohio and the nominee to be the new head of the Consumer Financial Protection Bureau (CFPB), had his confirmation hearing today before the Senate Banking Committee. What can the CFPB do before he is confirmed? To some extent, there is a good deal of dispute. The American Bankers Association [...]

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Guest Commentary By Caleb Bulls, a 2011 Judge K.K. Legett Fellow at Washington Legal Foundation who is entering his third year at Texas Tech University Law School. Through the passage of the Affordable Care Act of 2010 (colloquially known as “ObamaCare”), Congress established the Prevention and Public Health Fund “to provide for expanded and sustained [...]

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Cross-posted by Forbes.com at On the Docket and WLF’s contributor page We almost have to admire the Federal Trade Commission’s (FTC) persistence. For more than a decade, the Commission has been toiling unsuccessfully in federal court, and in Congress, to prohibit so-called pay-for-delay or reverse payment drug patent settlements. It’s even hinted at using its [...]

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Cross-posted by Forbes.com at WLF’s commentary page Answer: This government agency has undefined and vast powers placed in the hands of an unelected and unaccountable bureaucrat. Question: What is the Consumer Financial Protection Bureau? Good question. One can now ask Richard Cordray, who was a five-time champion of Jeopardy! and whom President Obama has nominated to [...]

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Most people don’t like to be sued. But if you’re an EPA regulator, being served a copy of a complaint might just make your day. Even better, you might be willing to help subsidize those organizations that make it a priority to sue your organization. Plaintiffs attorneys and some states may have lost in AEP [...]

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Bayer’s Supreme Court loss offers gain of clarity for targets of class actions (Class Action Countermeasures) Justice Kennedy offers a tutorial on federalism and freedom in Bond decision (Josh Blackman’s Blog) In the same week the Supreme Court disbarred Bill Lerach, another Litigation Industry leader is disbarred in Kentucky (Point of Law) Does it matter [...]

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