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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]
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]
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]
1 Feb 2013, 9:02 am by Brian Wolfman
by Brian Wolfman Back in October, the Federal Trade Commission challenged the public to create an innovative solution that will block illegal commercial robocalls on landlines and mobile phones. [read post]
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]
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 Mar 2017, 12:37 pm by Andrew Hamm
Ruthanne Deutsch and Brian Wolfman will focus on Endrew F. v. [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]
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]
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]
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]
10 Mar 2014, 9:02 pm by Brian Wolfman
by Brian Wolfman The major consumer credit scoring company, FICO, devised a model (first constructed in 1989) that produces what is known as a credit score. [read post]
7 Mar 2013, 9:28 am by Brian Wolfman
by Brian Wolfman Under the Fair Credit Reporting Act, consumers are entitled to annual free credit reports from the three mega-credit reporting companies -- Experian, Trans Union, and Equifax. [read post]
21 Aug 2013, 11:48 am by Brian Wolfman
by Brian Wolfman We have covered the interaction between consumer protection law and efforts to stem the obesity epidemic, including NYC Mayor Michael Bloomberg's effort to ban large-sized sugary drinks (which has failed so far in the New York courts). [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]
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]
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]