• 09.24.19

    Can a Novel Legal Theory Combat the Opioid Crisis?

    On August 26, 2019, Cleveland County, Oklahoma, District Court Judge Thad Balkman issued a 42-page decision ordering Johnson & Johnson to pay more than $570 million for harm it allegedly caused the state of Oklahoma by marketing its opioid products.

  • 05.22.19

    Supreme Court Considers, Rejects TCPA Cases

    In U.S. Supreme Court news, the justices heard oral argument in a Telephone Consumer Protection Act case with broad implications and denied certiorari in an appeal of the Federal Trade Commission’s (FTC) stance that the use of soundboard technology constitutes a robocall.

  • 05.22.19

    Question of ‘Sender’ One for the Jury

    A New York federal court has adopted the multifactor test favored by the U.S. Court of Appeals for the Sixth and Eleventh Circuits to determine whether a defendant is the “sender” of a fax for purposes of Telephone Consumer Protection Act liability.

  • 05.22.19

    Possibility of Vicarious Liability for Lenders in Ninth Circuit

    In another case involving agency liability, the U.S. Court of Appeals for the Ninth Circuit ruled that while the owner of a student debt is not per se liable for violations committed by a loan servicer it engages, it may be liable if an agency relationship exists based on traditional agency ...

  • 05.22.19

    Asserting a Valid Defense Does Not Deprive a Plaintiff of Standing

    Reversing dismissal of a purported class action under the Telephone Consumer Protection Act, the U.S. Court of Appeals for the Seventh Circuit held that an affirmative defense alleged by the defendant must be heard on the merits and that the trial court had erred by ruling the defense deprived the ...

  • 05.22.19

    Possibility of Vicarious Liability for Lenders in Ninth Circuit

    In another case involving agency liability, the U.S. Court of Appeals for the Ninth Circuit ruled that while the owner of a student debt is not per se liable for violations committed by a loan servicer it engages, it may be liable if an agency relationship exists based on traditional agency ...

  • 05.22.18

    America’s Opioid Crisis

    The deaths caused by opioids in 2016 exceeded the total deaths in any single year from car accidents, gun violence and even HIV/AIDS at the height of that epidemic.

  • 03.20.18

    The Promise of Data-Driven Healthcare: Megatrends for 2018

    There is a quote by science fiction writer Amelia Atwater-Rhodes that is the ideal lead-in to any discussion about healthcare data and analytics: “Life is nothing without a little chaos to make it interesting.”

  • 02.06.18

    DOJ Expands Opioid Enforcement Efforts Using Data Analytics

    On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug Enforcement Agency will “surge” agents and investigators to opioid “hot spots.”

  • 01.22.16

    Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

    In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co. v. Gomez.