The Supreme Court overruled the Tenth Circuit in finding that a petition for removal to the federal courts under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. Sec. 1332(d)(A)-(C), was sufficient. The Court found that under CAFA, which gives federal courts jurisdiction over class actions if the amount in controversy exceeds $5 million,
Last year, a Multidistrict Litigation (MDL) was created to consolidate lawsuits against McNeil PPC, Inc., the company that owns Johnson and Johnson, alleging that “over-the-counter (“OTC”) acetaminophen containing products that are [marketed] and sold under its TYLENOL® brand-name caused liver damage, including liver failure, even when taken as directed.” Currently, there are about 125 Tylenol
Today, Reuters reported that Nissan North America “agreed to reimburse customers between $20 and $800 each to resolve a lawsuit alleging that defects in certain vehicles caused brakes to fail suddenly, according to court papers.” Fortunately, no deaths have as yet been attributed to these defective Nissan brakes. According to the Associated Press, “A judge
Today, the United States Department of Justice announced policies to curb racial profiling. To be clear, these rules to curb racial profiling will largely not apply to local police forces. Local police have come under fire following the fatal shooting of Michael Brown by an officer in Ferguson, Missouri and the tragic death of Eric
Last week, the Associated Press reported on a renewed push from congressional Republicans for an update to George W. Bush’s signature “No Child Left Behind” education policy. Whether such education reforms remain politically feasible, even with Republican control of both the House and Senate, is yet to be seen. AP: “In 2013, a bill to
This week, the National Labor Relations Board “upheld a ruling that Mercedes violated federal labor laws by stopping United Auto Workers union supporters from handing out literature inside its Alabama plant”, as reported by the Associated Press. While laborers at this Mercedes plant – the largest in the United States – are not organized, the
WISCONSIN – Yesterday, the Associated Press reported that a conservative group has begun a new effort to establish a Wisconsin right to work law. The group, called Wisconsin Right to Work, was created “a month after Gov. Scott Walker won a second term and Republicans, many of whom support right-to-work laws, increased their majority in
Investment in education is often touted by politicians on both sides of the aisle as a sound investment – and it is, but many such claims lack empirical support. One Forbes article I found recently set out to provide just that empirical support, aiming to “determine the costs and benefits of taking U.S. schoolkids from
Sunday, the Seattle Times reported that new, stronger gun background checks will become effective for Washington State on Thursday (12/4/2014). These new Washington gun background check rules (Ref. 591) passed with 59% of the popular vote on November 4th and will require “background checks on all sales and transfers, including private transactions and many loans
Today, I read a critique of the new FDA menu labeling rules that was published by the Heritage Foundation. A staff writer claimed, “The final rule has taken this FDA power grab to a whole new level” and said the Obama Administration is “confusing health with safety.” That writer says public safety is the chief