CFPB to Propose Forced Arbitration Changes

The proposed regulation would not completely ban the practice in its entirety, but instead force to add a section that states that the arbitration procedures do not apply if a complaint has been certified by a judge for class-action litigation. Codrary said about the provision, “Under this proposed approach, consumers would again get their day in court to hold companies accountable for potential wrongdoing. We think that’s quite important.” The rule would also require companies to publicly post which claims have been brought to arbitration and the awards issued.


Bill Cosby Tore Down His Own Legacy

Producer Judd Apatow is mad as hell and he’s not gonna take it anymore! Whats he mad about? The fact that no one (other then him) in show business is willing to call a rapist a rapist and speak out against Bill Cosby’s victimization of women. Apatow is speaking and he’s letting Pudding Pops have it with both barrels.


BP Settlement Finalized at $20.8 Billion

Although the deal is finalized, various sources have differed in how the payout will be calculated. The New York Times is reporting that $5 billion of the $8.8 total allotment for environmental restoration will go to Louisiana, the state hardest hit by the disaster, payable over an 18-year period. $5.5 billion will go to Clean Water Act penalties, payable over a 15 year period, the largest environmental fine in history. $4.9 billion will also go towards economic damages to the states affected by the spill. The Wall Street Journal reports that a total of $8.1 billion will go towards environmental damages to the U.S. and the Gulf states. BP had already agreed to a separate criminal penalty of $4 billion in 2013.


Volkswagen Internal Audit Focuses on Engineers as Lawsuits Mount over Emissions Scandal

he engines were set to be a revolutionary breakthrough, used not just for Volkswagen models, but also for the company’s premium brand Audi, and less costly offshoots Skoda and Seat, along with some light commercial vehicles. Although specifics remain sketchy, it appears that management from the engineering team instructed the use of the software, under pressure to market the “clean diesel” breakthrough. The internal audit discovered that engineers realized that the vehicles would not, at the very least, meet U.S. diesel emissions standards, which are more stringent than in Europe.


Supreme Court Declines to Take up Newman Insider Trading Case

The case of Todd Newman and Anthony Chiasson, where were convicted of insider trading in 2012, during New-York’s U.S. attorney, Preet Bharara’s astounding six-year run of 85 insider trading convictions before losing a case which netted him 60 other convictions. Last December, however, the 2nd Circuit overturned the Newman convictions, ruling that Bharara stretched the limits of insider trading laws too far, citing insufficient evidence. At issue is whether or not the giver of the confidential information must receive a benefit from providing the tip, and whether or not that benefit must be concrete and tangible to be considered insider trading.


Johnson and Johnson Won First Pelvic Mesh Trial

Johnson & Johnson and its subsidiary, Ethicon, won the first case involving the company’s Gynecare Prosima pelvic mesh to go to trial. The plaintiff, Carol Cavness, had asked for $9.5M in damages for past and future medical expenses, pain & suffering and an unspecified amount in punitive damages. The jury decided in favor of J&J with a 10-2 vote.


Sandy Hook Lawsuit Moves to State Court in Wake of another School Shooting

The lawsuit was initially filed in Connecticut Superior Court in Bridgeport; however Bushmaster successfully petitioned for the case to be moved to federal court shortly afterward. The plaintiffs are arguing the Bushmaster AR-15 assault rifle used in the shooting is too dangerous to be sold to the public, citing negligent entrustment, a provision which holds a company liable for damages occurring to a third party. Federal courts have usually ruled in favor of gun manufacturers in cases involving negligent entrustment. Although Bushmaster attorneys argued that including Riverview Gun Sales in the lawsuit was “meritless” and that the company was fraudulently named as a defendant in order to keep the case at the state level, Judge Chatigny remanded the case back to state court without issuing an opinion.


Mixed 9th Circuit Ruling Upholds NCAA Antitrust Ruling, Vacates Athlete Payment Proposal

While the panel was in agreement with the first part of Judge Wilken’s ruling, Chief Judge Sidney R. Thomas disagreed with the other two judges on the merits of Wilken’s acceptance of the deferred-compensation option. Defending the majority opinion of vacating this portion of Wilken’s ruling, Judge Bybee wrote “The difference between offering student-athletes education-related compensation and offering them cash sums untethered to educational expenses is not minor; it is a quantum leap,” Bybee added, “Once that line is crossed, we see no basis for returning to a rule of amateurism and no defined stopping point.”


Lawsuit Blames PG&E for Massive California Butte Wildfire

Lead attorney Gerald Singleton filed the complaint on Tuesday despite an admittedly low-level of evidence. Singleton said about the complaint, “The only evidence we have at this point is that if they are properly configured and maintained, a tree should never be in a position to fall on a line.”


Ralph Nader’s Tort Law Museum Opens in Connecticut

Nader is hoping that the museum will help to serve future generations in understanding the power of the consumer, the threats of the protections being removed as part of the conservative tort-reform agenda, which is an attempt to put caps on personal injury lawsuit awards. Nader said, “Tort law is being run into the ground, maligned, caricatured and slandered because it’s effective,” calling tort reform, “the cruelest movement I’ve ever encountered.”