Articles in Channel: Consumer Law

FDCPA Fee-Shifting Applies To Appellate Proceedings, Tenth Circuit Holds

September 02, 2010 16:07

 In Anchondo v. Anderson, Crenshaw & Associates, L.L.C, --- F.3d ---, 2010 WL 3261155 (10th Cir. Aug. 16, 2010), the Tenth Circuit held that, like that of the Truth in Lending Act (TLA), the Fair Debt Collection Practices Act’s (FDCPA) fee-shifting provision encompasses...

Class Certification Denied in Microwave Popcorn Litigation

September 02, 2010 11:55

A federal court has denied class certification in a proposed consumer fraud class action arising from the sale of microwave popcorn with artificial butter flavoring. See Courtney Fine v. Conagra Foods, Inc., No. CV 10-01848 SJO (C.D. Calif., Aug. 27, 2010). The facts: Diacetyl is a naturally...

Update on Gulf Oil Spill Litigation

September 01, 2010 11:48

Couple of interesting issue being debated in the Gulf Oil Spill Litigation.  In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL-2179 (E.D. La.). The first concerns control over the testing of key components of the rig, once they are...

State Court Allows Double-Dipping Asbestos Claim

August 31, 2010 11:44

A state appeals court has ruled that an employer may face liability under New Jersey law for allegedly exposing a plaintiff to asbestos through contact with her husband's work clothes, even if she also had worked for the employer as a direct employee herself. See Anderson...

ADHD Linked to Pesticides

Derek T. Braslow
August 30, 2010 15:34

Several recent studies suggest a strong connection between exposure to common pesticides and attention deficit hyperactivity disorder (ADHD) in children.

U.S. Urges Reversal of 2d Circuit Global Warming Nuisance Decision

August 30, 2010 11:21

The federal government (Acting Solicitor General Neal Katyal on behalf of the Tennessee Valley Authority, a government-owned company), last week urged the Supreme Court to overturn a court of appeals decision that allowed Connecticut and several other states to move forward in their suit...

Fated To Lose

Lyle Roberts
August 28, 2010 04:15

He's back. Judge Easterbrook has authored a new securities litigation decision for the U.S. Court of Appeals for the Seventh Circuit and, as always, it is interesting and contentious. In Schleicher v. Wendt, 2010 WL 3271964 (7th Cir. Aug. 20,...

Update on Utah's Privatization Process

August 27, 2010 23:17

  As we previously reported, Utah is considering privatizing at least some aspects of its liquor control.  On Wednesday, August 25, John Freeman, the Deputy Director of Operations for The Utah Department of Alcoholic Beverage Control (“DABC”) appeared before the...

Raymond James' Auction Rate Securities Problems Mount

August 27, 2010 22:33

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Raymond James & Associates, Inc. and one of its registered representatives to pay $925,000 to a Texas couple who purchased $1.4 million of municipal auction rate securities issued by Jefferson...A Financial Industry...

11th Circuit Affirms Drastically Reduced FDCPA Attorneys' Fee Award

August 27, 2010 18:12

In a decision that will affect some attorneys' willingness to prosecute Fair Debt Collection Practices Act ("FDCPA") claims, the Eleventh Circuit recently affirmed a drastic reduction in attorneys' fees in a successful FDCPA case. In Hepsen v. J.C. Christensen &...