Consumer Law

The Value of Suing Over 9/11

Posted on March 13, 2009
The New York Times had a pretty interesting story today about what happened to 9/11 victims who sued in court, including why they went that route. While the story focuses on money, we found it much more interesting to hear,...

Surprise! Turns Out, Mandatory Arbitration is Fair?Not!

Posted on March 12, 2009
Well, that didn?t take long. Just in time for Congress?s recent introduction of the Arbitration Fairness Act, which is designed to protect consumers from having ridiculously one-sided arbitration agreements shoved down their throats, the Wall Street Journal?s law blog is...

If At First You Don?t Succeed...Keep Trying to Take Away Nursing Home Victim?s Rights

Posted on March 12, 2009
It must be that time of year again. State legislatures are up and running, passing laws that (we hope) will make our states better places to live. Of course I suppose that depends on what your definition of ?better? is....

The Civil Justice Sheriff May Soon Be Headed to Wall Street

Posted on March 12, 2009
We?ve talked about how the civil justice system provides a crucial compliment to the criminal justice system before, but today?s lead story in the New York Times has us thinking about it in a slightly different context, so we thought...

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Nothing?s ?Knee-Jerk? About The Importance of Passing The Medical Device Act

Posted on March 11, 2009
The day after the landmark Wyeth decision came down, a bill was introduced in Congress to correct last years horrible Supreme Court decision, Riegel v. Medtronic (which immunized medical device manufacturers from liability for deaths and injuries caused by FDA-approved...

U.S. Supremes Hand Consumers Another Major Win?This Time With Arbitration

Posted on March 10, 2009
Just days ago, we told you about the spectacular outcome of the U.S. Supreme Court case, Wyeth v. Levine. Well, it may be time to pop open another bottle of champagne, because the Supremes have come down on the side...

Supreme Court Upholds Total Immunity for the Gun Manufacturing Industry

Posted on March 09, 2009
This morning the U.S. Supreme Court threw out the City of New York?s final appeal in their case against gun manufacturers who sell their guns in ways that allow their product to end up in the hands of criminals. This...

Tomorrow, Dennis Quaid To Take a Trip Down ?Med Mal? Lane, With Oprah

Posted on March 09, 2009
It?s hard to believe 16 months have passed since actor Dennis Quaid?s newborn twins almost died after they were mistakenly given 1000 times the amount of the blood thinner Heparin than they should have received.His lawsuit against the drug company,...

Say It Ain?t So, Joe?America?s Favorite Plumber Goes to Court

Posted on March 06, 2009
Extra, extra, read all about it! Guess who?s the latest guy running to court? Why it's Samuel J. Wurzelbacher a.k.a. ?Joe the Plumber,? so dubbed by John McCain (who later campaigned with the Toledo toilet-fixer). Seems Mr. Plumber is claiming...

Utah?s Indecent ER Proposal

Posted on March 05, 2009

New Doctors Don't Want Drug Company Influence

Posted on March 05, 2009

Drug Company Immunity Remains Status Quo in Michigan Unless Legislature Acts

Posted on March 05, 2009

The Thrill Of Victory! U.S. Supremes Deliver 6-3 Win to Levine Over Wyeth!!!

Posted on March 04, 2009

Hypocrisy Never Tasted So Good! Hank Greenberg Sues AIG!

Posted on March 03, 2009

This Just In: Agent Orange Victims Denied Ability to Seek Relief by U.S. Supreme Court

Posted on March 02, 2009

In New York, Those Who Can?t Teach?Teach Crane-Safety

Posted on February 26, 2009
Every once in a while, we come upon a news story that makes us thank the civil justice gods for laws that help protect us from the lunacy and incompetence of others. For example?The front page of the New York...

Big Drug Companies?the New Bottom Feeders!

Posted on February 26, 2009
A recent column in the Houston Chronicle suggested that it may be time for drug companies ?to take their place in public esteem somewhere south of bankers, Wall Street whiz kids and used-car salesmen,? and this next item helps illustrate...

Bush, Obama and Nursing Homes

Posted on February 25, 2009
Can we first just say, what a pleasure it was to finally hear a President address Congress without launching into a blatantly political attack on sick and injured people who file lawsuits? What?s it been, like 8 years of having...

New York Hospitals - As If We Didn't Have Enough to Worry About

Posted on February 24, 2009
It?s been awhile since New York?s abysmal Office of Professional Medical Conduct (OPMC), which is supposed to weed out New York?s bad doctors, has popped up on ThePopTort. We were hoping things had gotten better over there in the past...

Battle Lines Drawn on Immunity for Medical Device Companies

Posted on February 20, 2009
The front page of the New York Times business section today presents a pretty good overview of the expected fight in Congress to restore people's legal rights against medical device manufactures, a right taken away by the U.S. Supreme Court...

The Asbestos War Takes a Criminal Turn

Posted on February 20, 2009
Here at ThePopTort, we don?t generally discuss criminal cases, but a conspiracy trial that got underway yesterday in Libby, MT touches on significant civil justice issues that have been around for years?so we?ve decided to make an exception.The New York...

Come On Over WSJ, The Water?s Fine!

Posted on February 18, 2009
Let?s face it civil justice fans, when it comes to recognizing the essential role that lawsuits play in promoting corporate accountability, the Wall Street Journal isn?t exactly our soul mate. So imagine our surprise when we stumbled upon a juicy...

New York Times Joins Growing Chorus ? Get Rid of CPSC Chair Nancy Nord!

Posted on February 18, 2009
As we?ve mentioned before, Bush?s acting head of the Consumer Project Safety Commission, Nancy Nord, is a horrible public servant, is still in office, and needs to go! Right now! And now, so says the New York Times. Here?s some...

The Ugly Truth Behind Medical Malpractice Caps

Posted on February 17, 2009
Suppose you went to the hospital to undergo a fairly routine medical procedure?say, ulcer surgery. But before you were discharged, you contracted a hospital-acquired infection, which in turn, was improperly treated. As a result, all of your limbs had to...

Autistic Children Having a Very Bad Day

Posted on February 13, 2009
As many of you know, yesterday, a special court ruled against three families who claimed vaccinations had led to their children?s autism. While we can?t claim any real expertise on the scientific merits of the three cases litigated, we do...

Thumbs up, Kia!

Posted on February 12, 2009
Wanted to give a quick shout out to our friend Kia Franklin over at TortDeform for her excellent op-ed in The Nation about the Arbitration Fairness Act. While we encourage you to check it out, here?s a sample?Congress and President...

Georgia Flirts With Michigan's Big Mistake

Posted on February 12, 2009
Although a lot of politicians have economic stimulus on the brain right now, jump-starting our stalled economy shouldn't come at the expense of consumers' rights. Which would be exactly what Georgia would be doing to its citizens should a recent...

The Peanut Butter Plot Thickens?

Posted on February 11, 2009
The company responsible for the salmonella outbreak is finally being hauled before Congress ? kicking and screaming, it seems. The U.S. House Energy and Commerce Committee is holding hearings today and asked the president of Peanut Corporation of America, Stewart...

Law Students Think Civil Justice System is Important

Posted on February 09, 2009
You couldn't really tell if the unemployment figures released recently were worrying the 40 or so fresh-faced New York City area law students attending the Alliance for Justice's luncheon. Maybe it was the chance to learn more about the Weth...

Gitenstein - Obama's Business As Usual

Posted on February 09, 2009
When word emerged that the U.S. Chamber of Commerce?s top lobbyist had visited the Obama transition office 16 times, and then ?pronounced himself satisfied that the incoming administration will consider the needs of corporate America,? we were left thinking, WTF...

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