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Brian Wolfman
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In 2009, Congress for the first time gave the Food and Drug Administration authority to regulate tobacco. In April 2014, the agency proposed to regulate e-cigarettes and similar products. In a short paper in the Journal of the American Medical... Continue reading
Posted yesterday at CL&P Blog
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by Brian Wolfman Take a close look at this story about a new CNN poll. The first thing you see is this: So, it looks like 59% oppose the ACA and only 40% support it. If you are an ACA... Continue reading
Posted 2 days ago at CL&P Blog
Remember the 80-20 rule (also known as the medical loss ratio rule)? That's the Affordable Care Act rule that generally requires health insurers to spend 80% or more on hospitals, docs, prescription drugs, and the like (that is, actual health... Continue reading
Posted 2 days ago at CL&P Blog
A recent study by Myungho Paik, Bernard Black, and David Hyman finds a significant downward effect from state-law medical-malpractice caps on claim rates and payouts. Here is the abstract: We study the effect of damage caps adopted in the 1990s... Continue reading
Posted 3 days ago at CL&P Blog
The Consumer Financial Protection Bureau has been taking consumer complaints on a wide range of topics for some time now, including mortgage lending, credit reporting, private students, and (more recently) debt collection. The agency announced today that it is now... Continue reading
Posted 5 days ago at CL&P Blog
We have been providing reports (go, for instance, here) of evidence that the number of Americans lacking health insurance has been dropping as the Affordable Care Act goes into effect. Here is the latest: State insurance officials [in Washington state]... Continue reading
Posted 5 days ago at CL&P Blog
Is off-label drug promotion--promotion of drugs for uses other than those approved by the FDA -- good, bad, or something in between? What can the FDA do to curb off-label promotion by drug sellers consistent with the First Amendment? Law... Continue reading
Posted 5 days ago at CL&P Blog
Professors Eric Fink and Roland Zullo have written Federal Student Loan Servicing: Contract Problems and Public Solutions Here is the abstract: One consequence of the 2007-2008 financial crisis was an abrupt shift from bank-based to direct federal student loans. This... Continue reading
Posted Jul 18, 2014 at CL&P Blog
That's the title of this piece by Steven Davidoff Simon. The piece describes how the American Apparel company hid sexual harrasment through a pre-dispute mandatory arbitration clause that it forced on its employees. Hat tip to Paul Bland. Continue reading
Posted Jul 15, 2014 at CL&P Blog
That's the name of this article by law professor Linda Mullenix. Here is the abstract: Class actions have been a feature of the American litigation landscape for over 75 years. For most of this period, American-style class litigation was either... Continue reading
Posted Jul 14, 2014 at CL&P Blog
As this article by David Nather puts it: "The evidence is piling up now: Obamacare really does seem to be helping the uninsured." For instance, read this study (9.5 million fewer adults lacking health insurance after first ACA open enrollment... Continue reading
Posted Jul 13, 2014 at CL&P Blog
On Wednesday, we told you that federal district judge Anita Brody in Philadelphia has preliminarily approved a class-action settlement in a case brought by former NFL football players against the NFL. The suit claims that the NFL is responsible for... Continue reading
Posted Jul 11, 2014 at CL&P Blog
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On this blog, we talk sometimes about whether disclosure to consumers as opposed to outright prohibtions or restrictions on business conduct (or doing nothing at all) is the appropriate way, under the circumstances, to protect consumers in the marketplace. In... Continue reading
Posted Jul 9, 2014 at CL&P Blog
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by Brian Wolfman Federal district judge Anita Brody in Philadelphia has preliminarily approved a class-action settlement in a case brought by former NFL football players against the NFL. The players claim that the NFL is responsible for their serious concussion-related... Continue reading
Posted Jul 9, 2014 at CL&P Blog
In United States v. Windsor, 133 S. Ct. 2675 (2013), the Supreme Court held section 3 of the Defense of Marriage Act unconstitutional as a violation of equal protection and due process principles. Section 3 said that for the purpose... Continue reading
Posted Jul 8, 2014 at CL&P Blog
Herman Schwartz has written How Consumers are Getting Screwed by Court-Enforced Arbitration in The Nation. (Hat tip to Paul Bland) Continue reading
Posted Jul 8, 2014 at CL&P Blog
Go here or click on the embedded video below. Continue reading
Posted Jul 8, 2014 at CL&P Blog
The CFPB has started hiring for its next class of Louis D. Brandeis Honors lawyers, who will begin work in fall 2015. Here's how the agency describes the positions: The Louis D. Brandeis program is a two-year fellowship designed to... Continue reading
Posted Jul 8, 2014 at CL&P Blog
As the country reflects on the Civil Rights Act of 1964 -- which went into effect on July 2, 1964 --50 years in, read this op-ed by Georgetown law prof Sheryll Cashin. Continue reading
Posted Jul 2, 2014 at CL&P Blog
You may remember that, last September, we told you about a 9th Circuit decision holding that Google violated federal Wiretap Act when it collected individual consumers' unencrypted wi-fi data while capturing "Street View" photographs. Here's what the 9th Circuit said... Continue reading
Posted Jul 2, 2014 at CL&P Blog
As we hit the middle of the U.S. major-league baseball season, I wanted to update our readers on the latest baseball-related (but not baseball-inherent) tort. As any major-league baseball consumer knows, at many major-league stadiums, between innings, fans are bombarded... Continue reading
Posted Jun 30, 2014 at CL&P Blog
We posted yesterday about the New York Court of Appeals' decision invalidating the New York City Board of Health's ban on the sale of large sugary drinks. The Board of Health targeted sugar because it believed that the best science... Continue reading
Posted Jun 27, 2014 at CL&P Blog
The New York Court of Appeals -- New York's highest court -- today threw out the New York City Board of Health's ban on the sale of large sugary drinks. The ban was a significant component of former NYC Mayor... Continue reading
Posted Jun 26, 2014 at CL&P Blog