'Little' FTC act claims are some big deal; plaintiffs increasingly are relying on these friendly state consumer protection laws in a widening variety of claims and lawsuits

Article Abstract:

Health care litigation based on state consumer protection laws modeled after the Federal Trade Commission Act has increased, laws which forbid unfair , deceptive practices in trade or business and use FTC precedent as guidance. Plaintiffs like state FTC act causes of action because they can reach conduct not rising to the level of common law fraud and often provide for the recovery of legal fees. Some also permit punitive damages for willful or bad faith violations.

States, Cases, Consumer protection, Public health administration

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Where to try a mass tort case; recent Supreme Court case casts a cloud over the continuing viability of non-federal-question class actions in federal court

Article Abstract:

Free v. Abbott Laboratories, litigation casting doubt on the lasting viability of non-federal-question class actions in federal court, is discussed. The Judicial Improvements Act of 1990, which first made it possible to file such litigation, is also discussed.

Laws, regulations and rules, Federal courts, Powers and duties, Mass tort suits, Diversity jurisdiction

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