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Scott Michelman
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Washington State regulations concerning the dispensing of medicine require timely delivery of medications. There's an exception if a provider has a religious objection, but that exception applies only where there's another pharmacist who can provide timely delivery. A pharmacy owner... Continue reading
Posted 3 days ago at CL&P Blog
A CNBC article this week provocatively titled "Aging Amtrak tunnel is a reminder of crumbling America" chronicles the recent troubles that have plagued passenger train travel in the northeast U.S. and highlights the absence of crucial fixes. For instance: For... Continue reading
Posted 3 days ago at CL&P Blog
As Vijay Das of Public Citizen and physician Adam Gaffney observed in a CNN op-ed this week: [A]cross the nation, black males in 2010 had a life expectancy almost five years lower than white males; black women could expect to... Continue reading
Posted 4 days ago at CL&P Blog
In April, we told you about about a decision from the Third Circuit -- the court that has given the strictest reading of ascertainability -- in which the panel refused to extend the doctrine further and one judge suggested it... Continue reading
Posted 4 days ago at CL&P Blog
On the heels of news that D.C. voters will likely have the opportunity to vote in a $15 minimum wage in November 2016 (see the Washington Post's story here, from last week), an analysis from Brookings takes on claims from... Continue reading
Posted 5 days ago at CL&P Blog
We've covered numerous times the rise of a heightened "ascertainability" requirement in the Third Circuit. (See, for instance, here, for a summary and a recent development. Brief summary: ascertainability is the court-developed notion that a class must show an administratively... Continue reading
Posted 6 days ago at CL&P Blog
After discussing various cases against Chipotle based on misclassification and off-the-clock work, the story goes on to claim that private wage/hour enforcement is rising in general. The reaction of the industry representative interviewed for the story is telling: “Plaintiffs’ attorneys,... Continue reading
Posted 6 days ago at CL&P Blog
Brian posted earlier this morning about cyber-security concerns leading to some of the recalls. Two other notable aspects of today's recall and $105 million fine, the largest in U.S. history, are: -The company will offer to buy back up to... Continue reading
Posted 7 days ago at CL&P Blog
Yesterday, in a product-defect class action about Volvos with faulty sunroofs, the Third Circuit addressed two important class action questions -- one arising in the wake of the Supreme Court's decision in Comcast Corp. v. Behrend, the other to be... Continue reading
Posted Jul 23, 2015 at CL&P Blog
The Supreme Court's 2012 rejection of a challenge to Obamacare had a downside for the law: because the Court deemed the law's expansion of Medicaid to additional low-income individuals "coercive" to the states (even though, as Justice Ginsburg pointed out... Continue reading
Posted Jul 22, 2015 at CL&P Blog
... is the thesis of an article in Slate yesterday, which points out that about a quarter of Americans think differences in the amount of work people do is responsible for income inequality (according to a Pew study) and that... Continue reading
Posted Jul 22, 2015 at CL&P Blog
Slate's coverage begins: In what may prove to be a turning point for political action on climate change, a breathtaking new study casts extreme doubt about the near-term stability of global sea levels. The study—written by James Hansen, NASA’s former... Continue reading
Posted Jul 21, 2015 at CL&P Blog the headline associated with Sunday's NPR story about individuals' requests that Google "erase their digital footprint." NPR interviews Mona Chalabi, one of the number crunchers at, about this new phenomenon. Since the European Court of Justice ruled last... Continue reading
Posted Jul 21, 2015 at CL&P Blog
The story, based on data from Sallie Mae, is accompanied by several informative charts documenting the rise of higher education and breaking down methods of payment by category -- grants, student income and saving, parents income/savings, other relatives, and loans.... Continue reading
Posted Jul 20, 2015 at CL&P Blog
"For many households, the monthly rent check is so big that it eats up the majority of their paycheck — and the burden is growing," observed the Washington Post this week, in a story discussing a recent Harvard report on... Continue reading
Posted Jul 17, 2015 at CL&P Blog
At, Public Citizen will keep track, on a daily basis, of regulations that have been held up by the U.S. Office of Information and Regulatory Affairs, which reviews all significant safety regulations before they are implemented and has been... Continue reading
Posted Jul 15, 2015 at CL&P Blog
Jeb Bush: "work longer hours." Hillary Clinton: "raise incomes." NYT coverage of those statements and their implications here and here, respectively. Continue reading
Posted Jul 14, 2015 at CL&P Blog
Today's Washington Post reports on a ProPublica expose concerning the use of the drug Coumadin, a popular (in the sense of widely used) anti-coagulant used by many elderly people to prevent blood clotting. (The Post headline jumped out at me... Continue reading
Posted Jul 13, 2015 at CL&P Blog
The Washington Post reports: No one knows exactly how much money hotels extract from resort guests in fees. A recent study by New York University found that hotels and resorts collected $2.25 billion in surcharges last year, but the number... Continue reading
Posted Jul 10, 2015 at CL&P Blog
One of the many New Deal reforms enacted to help prevent another Great Depression was a requirement that the financial industry keep its commercial investment activities separate from its basic depository and lending activities so as to prevent the risks... Continue reading
Posted Jul 10, 2015 at CL&P Blog
…is the title of this eye-opening piece in, about a Gallup survey of community college presidents about the likelihood of free community college passing in their states. President Obama has proposed to fund two years of free community college... Continue reading
Posted Jul 10, 2015 at CL&P Blog
A provocative paper from the National Bureau of Economic Research this spring argues that, although most political arguments about the implications of income inequality "crucially assume that ordinary people know how high inequality is, how it has been changing, and... Continue reading
Posted Jul 10, 2015 at CL&P Blog
The USA Today reports, "The operators of a payday lending scheme that allegedly bilked millions of dollars from consumers nationwide have agreed to more than $54 million in tentative settlements with the Federal Trade Commission." The scheme, which affected approximately... Continue reading
Posted Jul 8, 2015 at CL&P Blog
If you own a car, remember to check if it's is affected by this hard-fought and important safety recall, which involves airbags that could explode and project metal at the passenger. (My car was on the list, and the dealership... Continue reading
Posted Jun 18, 2015 at CL&P Blog
States are preparing for the worst if the Supreme Court rules this month in King v. Burwell that some health care subsidiaries are unlawful under the Affordable Care Act. The Hill reports that two states' backup plans have been approved.... Continue reading
Posted Jun 17, 2015 at CL&P Blog