Consumer Law

When it Comes to Civil Justice, Texas is Incredibly Rough Country

Posted on May 21, 2009
For those passionate about the civil justice system, Texas?with its seemingly endless array of obstacles blocking citizens? access to the courthouse?can seem like very treacherous terrain indeed (here, here, here). And just when you thought you had heard it all?there?s...

When it Comes to Injured Consumers, Chrysler is Bankrupt in More Ways Than One

Posted on May 21, 2009
The civil justice implications of the country?s financial struggles don?t often make it into the headlines, but an Indiana man named Jeremy Warriner will be testifying before the House Judiciary Committee today to discuss at least one of them in...

Things That Aren't Funny

Posted on May 21, 2009
Okay, so humor is very subjective. Like in 2004, George Bush?s joke during the Radio and Television Correspondents Dinner, ?those weapons of mass destruction must be somewhere,? he said as he looked under seat cushions in the Oval Office. That...

In the News

Posted on May 20, 2009
Major major Bush clean-up action today, as Obama issued a new order, through OMB, rebuking Bush's "preemption" policy, stating "pre-emption of state law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of...

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Locked Out: An Update to the Supreme Court?s Ruling on Ashcroft and Mueller

Posted on May 20, 2009
We told you the other day about the U.S. Supreme Court case involving Javaid Iqbal who was never charged with any 9/11-related terrorism, but nevertheless, suffered inhumane treatment in federal prison for months, and sought to hold former Attorney General...

Oops! Medtronic Did It Again!

Posted on May 19, 2009
Honestly, civil justice fans, tracking medical device maker Medtronic in the news is beginning to feel a little like watching the tabs during the Britney Spears ?spiraling? period (here, here, here). Last week, there was a front page New York...

Rampant Medical Malpractice in Military Hospitals - The Real Impact of Immunity

Posted on May 19, 2009
Consumer and patient safety advocates know how important lawsuits are to making health care safer, especially in hospitals. While we can argue this until we?re blue in the face, we know nothing?s as powerful as real life examples. That?s why...

It?s Alive! California Supremes Reinstate Tobacco Class-Action

Posted on May 19, 2009
Great news, civil justice fans! Yesterday, in a much anticipated decision, the California Supreme Court reversed two lower court decisions, ruling that a class-action suit for deceptive advertising can go forward against a consortium of big tobacco companies (including our...

U.S. Supremes Vote 5-4 to Immunize Ashcroft and Mueller from 9/11 Abuse Suit

Posted on May 18, 2009
Several months ago we told you about an incredible case involving a fellow named Javaid Iqbal who was never charged with any 9/11-related terrorism, but nevertheless was subjected to all sorts of horrible treatment over the course of several months.....

Cass Sunstein?s Indelicate Balance

Posted on May 18, 2009
The following entry, by Joanne Doroshow and Andy Hoffman, has been cross-posted on InjuryBoard.com. As the National Transportation Safety Board (NTSB) concludes its three-day public hearing on the crash of Colgan Air Flight 3407 in Buffalo, New York, and it...

Food Companies to Consumers: Yo, Go Fix Yourself a (Non-Poisonous) Pot Pie!

Posted on May 15, 2009
Frozen pizza, pot pies, chicken nuggets ? sure they?re not the most nutritious or great tasting things in the world, full of chemicals, preservatives and the like. But at least they?re food. OK, food with ingredients that may cause cancer...

Love You Back, Manhattan Institute!

Posted on May 15, 2009
It?s always a special treat to be given free publicity by our friends at Dick Cheney?s favorite ?think tank,? the Manhattan Institute?so hugs to the Institute?s blog, PointofLaw for its extra-special shout out today on our recent story, ?Just Say...

Merck Up To Its Old Tricks - Even 'Down Under'

Posted on May 15, 2009
Vioxx, the painkiller taken off the market in late 2004, by its manufacturer Merck has become poster-child of greedy drug companies reaping the rewards (the drug reached $2.5 billion in sales in 2003) by keeping its dangerous drug on the...

Out of the frying pan into oblivion

Posted on May 14, 2009
A few years ago, the American Tort Reform Assocation named West Virginia a so-called "judicial helllhole", in fact # 3 "hellhole" based on a flagrant error. ATRA said that two Florida law firms had filed class action lawsuits in West...

ThePopTort?s ?Leaked Chevron Transcript?

Posted on May 13, 2009
When we heard about 60 Minutes?s scathing report last week about the huge pollution lawsuit against Chevron/Texaco for destroying Ecuador?s rain forest, we thought, well it?s about time ? that lawsuit was filed 16 years ago! When we later learned...

Weighing Legislation to Overturn Medical Device Immunity

Posted on May 12, 2009
Great hearing today in front of the House Energy and Commerce Committee?s Subcommittee on Health on the need to pass Medical Device Safety Act. There was a great deal of convincing testimony including Gregory Curfman, M.D., Editor of the New...

When it comes to patient safety, Nevadans are still waiting to join the party

Posted on May 12, 2009
Loyal readers of ThePopTort may recall that Nevada?s severe cap on compensation for injured malpractice patients was being reevaluated by the state?s legislature after some 50,000 patients were exposed to Hepatitis C via ?reused syringes and vials? at an area...

In the News

Posted on May 11, 2009
After receiving some 160 complaints from Indiana residents about obnoxious ?Your Warranty Will Expire? robocalls (not to mention receiving a few himself, as have many of you!), Indiana AG Greg Zoeller announced a lawsuit against two companies and an individual...

Lawsuits Sparked by Disturbing New Health Insurance ?Trend?

Posted on May 11, 2009
Heath insurance ?rescission? - when companies to drop patients with serious illnesses, then back charge them for treatment they?ve already received - is a huge issue in this country. In California, there?s been a ton of coverage of the efforts...

Has the FDA Cleaned House? Meh, Not So Much.

Posted on May 08, 2009
I?ll admit it. I spend a lot of time worrying about dangerous drugs and medical devices. Just this morning I thought twice before taking an over-the-counter NSAID (same drug class as VIOXX) to quell my migraine. I suppose I can?t...

In the News

Posted on May 08, 2009
The Detroit Free Press published an editorial today entitled, ?Put teeth back in consumer protection,? criticizing the Michigan Supreme Court for weakening the state?s consumer protection law. (We couldn?t have said it better ourselves!) President Obama?s choice to lead the...

Just Say No?to Medical Device Hooey

Posted on May 08, 2009
As loyal readers of ThePopTort know well, one of our favorite things to do is debunk abject hooey?so today, we?re bringing you this little gem of a ?study,? drawn up by MIT professors who were bought and paid for by...

Alabama Prisoners and Guards Agree: Substandard State Prisons are ?Unconstitutional?

Posted on May 07, 2009
It?s often been said that politics makes strange bedfellows, but one doesn?t often hear about prison guards joining prisoners who are suing over substandard prison conditions. Nevertheless, a group of corrections officers from Donaldson Correctional Facility in Bessemer, Alabama are...

?Star? Brain Surgeons Under Investigation for Ignoring OR Patient

Posted on May 07, 2009
It?s always interesting to us when the doctors complaining most about medical malpractice lawsuits, let?s say neurosurgeons, get caught doing some pretty outrageous things to patients in, let?s say, New York hospitals. So begins the story of two of the...

In the News

Posted on May 06, 2009
The mother of a deceased infant whose body was lost by a northern New Jersey hospital (and never found even after a search of dumps in 3 states ? can you imagine?) has filed suit against the hospital and others...

CPSC to Get Great New Leadership, as the CPSIA Follies Play On?

Posted on May 05, 2009
Excellent news on the consumer advocacy front! President Obama has finally gotten around to replacing Bush-appointee and industry chum, Nancy Nord as head of the Consumer Products Safety Commission (CPSC). He is also seeking a 71 percent budget increase for...

New Twist on FDA?s Inept Approval Process Of Special Concern to Women

Posted on May 05, 2009
Medical devices that mutilate women are certainly nothing new. Heck, the Center for Justice & Democracy wrote a whole report on the topic. But as much as this topic has been covered, there?s always something new and even more dreadful,...

Michigan?s Supreme Court Creates The Toothless Wonder

Posted on May 05, 2009
As we?ve mentioned, despite recent improvements, the Michigan Supreme Court has long been the most anti-consumer, anti-environment, anti-victim, precedent-disregarding court in the country. So a recent report in the Detroit Free Press about how the state?s Consumer Protection Act has...

In the News

Posted on May 04, 2009
David Lazurus of the LA Times has joined the growing chorus against mandatory arbitration. And several good stories from last week that we should tell you about: It took toxic Chinese drywall, but CPSC Chair Nancy Nord is actually now...

Sorry Charlie! U.S. Supreme Court Says No Immunity for Chicken of the Sea

Posted on May 04, 2009
Okay, so Charlie the talking tuna was the ?pitchfish? for Star-Kist, not Chicken of the Sea?but it made for a snappy headline, so we decided to go with it. (Besides, we couldn?t think of a logical way to bring Jessica...

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