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Civil Justice Law Blog

05/18/2011 - 13:08

On Monday, the Supreme Court issued its opinion in Schindler v. U.S. The case asked whether information obtained as a result of a FOIA request can be used to file a complaint under the False Claims Act. The False Claims Act, which exists to encourage whistle-blowing against companies that defraud the federal government, bars putative whistle-blowing that is based primarily upon publicly available information. The Supreme Court, in a 5-3 split, ruled Monday that for the purposes of the statute, information obtained as a result of a FOIA request constitutes a government report, meaning such information cannot be used as the basis of a lawsuit under the False Claims Act.

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05/16/2011 - 14:57

Last week, Texas Congressman and Republican Presidential hopeful Ron Paul explained his opposition to the 1964 federal Civil Rights Act, which, among other things, made it illegal for businesses to discriminate against customers on the basis of race. According to Congressman Paul, the Civil Rights Act interferes with the rights of business owners to do whatever they want.

That’s true: the law privileges, for example, the right of African-American children not to be discriminated against, over the right of a racist store owner to ban people of color from his business. It’s just that most Americans agree that the former right is...


05/12/2011 - 09:50

What does the Supreme Court’s recent decision in AT&T v. Concepcion mean for consumers and consumer rights? We explored that question in a blog post shortly after the decision was announced, but we’ve since read some additional excellent commentary on the matter. Here’s our suggested reading – 10 of the best blog posts we’ve read on the case in the past couple of weeks.

 

  1. Supreme Court Nukes Consumers’ Rights in Most Pro-Corporate Decision Since Citizens United– Ian Millhiser,...

05/10/2011 - 15:13

In this week’s cover story in New York magazine, Wesley Yang describes the “bamboo ceiling” for Asian-Americans in corporate America. It might be understood, writes Yang, as “an invisible barrier that maintains a pyramidal racial structure throughout corporate America, with lots of Asians at junior levels, quite a few in middle management, and virtually none in the higher reaches of leadership.”

Yang notes that Asian-Americans as a group are rising to the top of undergraduate academic achievement, without seeing commensurate gains in the business world. While Asian-Americans are statistically overrepresented...


05/09/2011 - 14:57

Morelli Ratner is preparing to go to trial in federal court in the Southern District of Illinois, in a particularly egregious case involving sexual harassment, assault and battery, retaliation, intentional infliction of emotional distress, and negligence. Last week, in Alford v. Aaron Rents Inc., the federal judge on the case denied the defense’s motion for summary judgment, ruling that the case presents triable issues of fact, to be decided on by a jury.

The case represents a nightmare scenario for any employee. The employee in this case was repeatedly harassed and led to believe that her continued employment required submitting to the unwanted sexual advances of her superior. She was also sexually assaulted on...


05/05/2011 - 14:28

In the past months, we’ve written about a couple of egregious cases of prosecutorial misconduct that led to wrongful convictions. Unfortunately, in many cases, it’s impossible for the victims of wrongful conviction to gain justice in the tort system, due to a pervasive and expanding doctrine of immunity for prosecutors.

In the real world, if you want people to respect the rule of law, there need to be meaningful consequences for harmful, illegal acts. Indeed, this is one of the main reasons to pay for...


05/04/2011 - 09:36

On Monday night at the Greene Space in lower Manhattan, WNYC hosted a panel on NYPD’s stop and frisk policy, and the contentious divide between law enforcement and local minority communities on the policy’s use. While the Mayor and police high-ups have touted the policy as an important tool in preventing crime, many minorities in New York City – first and foremost, young African-American men – experience the stops as arbitrary, harassing, humiliating, and abusive.

A stop based on reasonable suspicion is of course legal, but there’s compelling statistical evidence that the majority of stops and frisks currently conducted by the NYPD are not being done legally. In the vast majority of stops and frisks...


05/02/2011 - 10:59

Will the Supreme Court’s ruling last week in AT&T v. Concepcion end all consumer class action lawsuits from here on out? The short answer is yes.

As Lisa McElroy writes at SCOTUSblog,

…many view the Court’s holding as protecting businesses from class action suits in general, because companies can contractually require customers to submit to arbitration if a dispute arises, then add in a contract clause requiring all such arbitration proceedings to be brought individually, not as a class action.

The longer answer is a bit more complicated, but first, here’s the basic story of what happened....


04/27/2011 - 10:28

Pharmaceutical companies charge American customers infamously outlandish amounts to use prescription drugs, particularly in the initial period in which new brand-name drugs are protected from generic drug-making competitors. While the role of big pharmaceutical corporations in gouging the public is well-known and well-documented, less frequently discussed is the role universities play in the creation of prescription drug monopolies. In Thomas Geoghegan’s ground-breaking 2007 book, See You In Court: How the Right Made America a Lawsuit Nation, Geoghegan takes on that sticky topic.

Geoghegan writes:

Consider this…A university receives a tax exemption, in part so it can do...


04/21/2011 - 13:49

 

Over the course of more than two years in a rural West Texas town, a new doctor routinely and systematically misdiagnosed patients, performed improper surgeries, and attempted to pass off homeopathic cures as legitimate medicine, according to an expose that ran last month in the Texas Observer. When two nurses spoke out against the doctor’s ostensibly negligent behavior and apparent lack of basic medical knowledge, they lost their jobs and were shunned in their community. One of the nurses was even criminally prosecuted...



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