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2 Aug 2013, 4:54 am by Brian Wolfman
by Brian Wolfman Some parts of the Affordable Care Act are already in place, such as the requirement that uninsured kids up to age 26 be offered insurance on their parents' health insurane policies. [read post]
17 Sep 2013, 4:54 am by Brian Wolfman
by Brian Wolfman As we've reported in the past (for instance, here), states with governors and/or legislatures who don't like the Affordable Care Act (ACA) have threatened not to participate in the Act's Medicaid expansion (which the Supreme Court said could not be forced on the states by Congress under the Constitution's "Spending Clause"). [read post]
16 Apr 2013, 10:18 am by Brian Wolfman
by Brian Wolfman Scott posted earlier on today's Supreme Court decision in the Genesis HealthCare. [read post]
7 Dec 2012, 5:43 am by Brian Wolfman
by Brian Wolfman The FDA says it violates federal law for a drug company sales rep to promote a prescription drug for an off-label use (that is, a use not approved by the FDA). [read post]
14 Dec 2012, 5:09 am by Brian Wolfman
by Brian Wolfman We have now posted twice (here and here) about the Second Circuit's Caronia decision, in which the court ditched the misdemeanor conviction of a drug company prescription drug representative, saying that his promotion of one of the company's products was protected by the First Amendment. [read post]
21 Mar 2013, 5:16 am by Brian Wolfman
by Brian Wolfman As explained in this article by Brady Dennis, the Department of Justice and the FDA have acquiesced in the D.C. [read post]
24 May 2013, 3:52 am by Brian Wolfman
by Brian Wolfman In recent years, July 1 has been the crisis date for the federal program that subsidizes student loans. [read post]
18 Feb 2007, 6:00 am
by Brian Wolfman I previously reported here that Virginia was poised to enact lenient payday loan legislation without any fee/interest rate cap, after a House committee approved such legislation already passed by the state Senate. [read post]
24 Feb 2007, 9:46 am
By Brian Wolfman In Serrano v. 100 Connect, Inc., No. 06-17366 (Feb. 22, 2007), the Ninth Circuit has held that in assessing whether a federal district court should or must decline jurisdiction under the "exceptions" to jurisdiction of the Class Action Fairness Act, the burden is on the party resisting a federal forum to show that jurisdiction is lacking. [read post]
24 Mar 2017, 12:37 pm by Andrew Hamm
Ruthanne Deutsch and Brian Wolfman will focus on Endrew F. v. [read post]
1 Mar 2013, 4:04 am by Brian Wolfman
by Brian Wolfman Last month, we posted about a likely settlement between federal regulators and 13 major mortgage servicers -- including some of the world's biggerst banks -- that would make direct cash distributions to homeowners who lost their homes or went underwater during the financial crisis, in whole or in part because of improper foreclosure and loan practices. [read post]
11 Mar 2013, 6:31 am by Brian Wolfman
by Brian Wolfman Federal prescription drug oversight was significantly deregulated by the Food and Drug Modernization Act of 1997 (FDAMA), which was signed by President Clinton on November 21, 1997. [read post]
11 Mar 2013, 11:22 pm by Brian Wolfman
by Brian Wolfman We told you yesterday about a New York trial court decision invalidating New York City's ban on the sale of sugary drinks larger than 16 ounces. [read post]
10 Jul 2013, 3:14 pm by Deepak Gupta
My colleagues Greg Beck and Brian Wolfman have blogged here several times about the fight over the FDA's graphic cigarette warnings, which were invalidated by the D.C. [read post]
1 Mar 2013, 5:46 am by Brian Wolfman
by Brian Wolfman The Big Spring suit filed in federal district court in D.C. challenges various provisions of the Dodd-Frank Wall St. reform law, including the legality of the Consumer Financial Protection Bureau, on separation-of-powers grounds. [read post]
23 Feb 2014, 9:28 pm by Brian Wolfman
by Brian Wolfman The popular "cloud" storage service Dropbox has added a forced, pre-dispute arbitration clause to its standard consumer contract. [read post]
24 Mar 2014, 2:34 pm by Brian Wolfman
by Brian Wolfman Tesla wants to sell its electric cars from its own stores directly to consumers. [read post]
4 Feb 2013, 4:57 am by Brian Wolfman
by Brian Wolfman Typically, consumers buy or lease new (and used) cars from car dealers, not car makers. [read post]