Tenth Circuit Permits Trade Group Challenge to New Mexico Fair Credit Reporting Act by BuckleySandler LLP on 5/14/2012 On May 7, the U.S. Court of Appeals for the Tenth Circuit published an opinion that a trade group has standing to sue the Attorney General of New Mexico over that state’s credit reporting and identify theft requirements....more
THE ROLE OF THE LEGAL NURSE IN CIVIL CASES: WITH A CASE EXAMPLE by Paul Parks on 4/4/2012 This article explains the role of the often overlooked and underused resource of the legal nurse, who can crystallize any medical-legal related issues. A case example is used to show how attorney's can benefit from this...more
VICARIOUS LIABILITY by Paul Parks on 4/4/2012 This article discusses how employers such as Hospitals can be vicariously liable for the torts of their employees, particularly doctors, nurses and other ancillary services that are committed during the course of employment....more
District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim by Loeb & Loeb LLP on 1/20/2012 The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more
OCC and OTS: Policy Integration by Jonathan Foxx on 12/9/2011 On December 8, 2011, the Office of the Comptroller of the Currency (OCC) issued a bulletin that outlines the process which the OCC intends to follow to fully integrate the Office of Thrift Supervision (OTS) policy guidance...more
Do the Principles of European Insurance Contract Law Go Too Far in Protecting the Policyholder? by Olavi-Jüri Luik on 11/25/2011 The objective of this article is to analyse the PEICL with respect to the question of whether the policyholder is protected too radically, studying the differences of the PEICL from the regulation of insurance contracts in...more
Chew on This: Consumer Fraud Claim on Snack Bars Preempted by Dechert LLP on 10/31/2011 The Seventh Circuit ruled earlier this month that federal food labeling law expressly preempts state law claims seeking certain additional health-related disclosures on chewy bars. Turek v. General Mills Inc., No. 10-3267...more
The Noose Tightens Around TPP Economic Loss Claims by Dechert LLP on 10/26/2011 Yesterday, the Eleventh Circuit affirmed dismissal – for failure to state a claim – of TPP economic loss claims in the Trasylol litigation. See Southeast Laborers Health & Welfare Fund v. Bayer Corp., No. 10-13196, ___ Fed....more
Bureau of Consumer Financial Protection Narrows Federal Preemption of Mortgage Lending Laws by Miller & Martin PLLC on 9/29/2011 Among the many changes made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) were changes to the Alternative Mortgage Transaction Parity Act (“AMTPA”). AMTPA, a federal law that has been in...more
California Supreme Court: State Laws on Disclosure of Protected Health Information Are Not Preempted by Sedgwick LLP on 9/12/2011 California has long been considered a bastion of consumer protection and individual privacy rights. By its recently issued decision in Brown v. Mortensen, (2011) 51 Cal. 4th 1052 the California Supreme Court buttressed that...more
Hamid v. Stock & Grimes Court Determines the Applicability of PA's Borrowing Statute by Joseph A. Mullaney, III on 8/26/2011 Federal court finds that the PA "borrowing statute" will import into Pennsylvania a foreign state's statute of limitations (SOL) if the cause of action arose there and the foreign state's SOL is shorter. ...more
Does the Use of Foreign Call Centers Violate Privacy and Consumer Protection Laws? by Richik Sarkar on 8/11/2011 Many companies rely on foreign call centers to help with customer service or other business needs. Now, Plaintiffs in a federal lawsuit allege that the use of such centers violates customers’ privacy and puts personal...more
A Question Worth Answering Under the Telephone Consumer Protection Act: U.S. Supreme Court to Hear Whether the TCPA Contemplates... by Reed Smith on 7/12/2011 There is no question that Congress contemplated a private right of action under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(3), and the plaintiffs' bar has taken full advantage of that right. It has been...more
Class Action Waivers in Commercial and Consumer Arbitration Agreements After Concepcion by Bryan Cave on 6/8/2011 Concepcion In AT&T Mobility, LLC v. Concepcion, 131 S.Ct. 1740 (2011), the Supreme Court struck down a California rule that invalidated most class action waivers in consumer contracts. Many have hailed (or railed against)...more
UPWords- May 2011- Prepaid Discount Vouchers: The Not-So-Final Frontier by Sutherland Asbill & Brennan LLP on 5/23/2011 The biggest challenge for unclaimed property practitioners is determining how new forms of property fit into unclaimed property laws. Recent technological and entrepreneurial innovations continue to challenge historic...more