The most conservative United States Supreme Court in nearly a century recently continued its assault on the constitutional rights of ordinary citizens harmed by corporate wrongdoing. In the case of AT&T v. Concepcion, the Supreme Court told corporations that they could write into the fine print of most any contract, […]
Supreme Court Ruling Favors Generic Drug Manufacturers Granting Immunity From Failure to Warn
The United States Supreme Court ruled in favor of generic drug manufacturers in PLIVA, Inc. v. Mensing, holding that federal drug regulations applicable to generic drug manufacturers bar the plaintiffs’ state-law failure to warn claims. The Supreme Court, in a 5-4 decision, held that manufacturers of generic drugs cannot be […]
Supreme Court Rejects Discrimination Class Action Suit Against Wal-Mart
The United States Supreme Court ruled against a class of current and former female employees of Wal-Mart who had sued the nation’s largest private employer for employment discrimination. In ruling in favor of Wal-Mart, the court continued a disturbing trend of siding with big business and against individuals. In reversing […]
Wrong Site Surgeries On The Rise
Safety experts and researchers say wrong site surgeries may be on the rise based on data compiled by the Joint Commission, an organization that accredits hospitals and other health care institutions, The Washington Post reports. Wrong site surgeries include operating on the wrong limb, the wrong organ or the wrong […]
Asbestos Related Deaths on the Rise in Asia
While most (but not all) uses of asbestos have been banned in the United States, the mineral is still used heavily in some countries, including India and China. According to a new study, 64 percent of the world’s usage of asbestos occurs in Asia. Because of this, officials expect a […]
Workers’ Comp: Court of Appeals Restores Common Sense to Notice Requirements
N.C.G.S. 97-22 requires an injured employee to provide the employer ‘written notice of the accident’ within 30 days (emphasis added). In Gregory v. W.A. Brown & Sons (Gregory II), the Court of Appeals has concluded that an employer who had actual notice of an accident was not prejudiced by the […]
Dementia Patients Receive Potentially Lethal Antipsychotic Drugs
“Government, taxpayers, nursing home residents as well as their families and caregivers should be outraged and seek solutions,” says Daniel R. Levinson, Inspector General of the Department of Health and Human Services, in announcing the result of a DHHS audit which found that nearly one in seven elderly nursing home […]
Arbitration Fairness Act of 2011 Would Protect Rights in Employment and Consumer Settings
A bill was recently introduced in the Senate which would prohibit corporations from including arbitration clauses in their standard contracts with consumers and non-union employees. Though the Federal Arbitration Act, passed in 1925, was originally intended to cover only certain types of disputes, such as those between merchants and where […]
Federal Trade Commission Attempts To Rein In Mortgage Relief Scams
The Federal Trade Commission (FTC) recently issued a Final Rule aimed at protecting struggling homeowners from mortgage relief scams. The new rule outlaws advance fees and false claims, while also requiring clear and accurate disclosures from companies providing such services. The FTC recently announced the Mortgage Assistance Relief Services (MARS) […]
Supreme Court Rules Against Consumers in High Stakes Arbitration Decision
In a much-anticipated decision, the United States Supreme Court ruled against consumers in AT&T v. Concepcion. In a 5-4 decision, the Supreme Court held that corporations may use arbitration clauses to cut off consumers and employees’ right to join their claims together through class actions to hold corporations accountable. The […]