Parents often say that two wrongs don’t make a right. Statutory stare decisis — a form of stare decisis on steroids — actually invokes three wrongs under the Constitution. And piling up constitutional ...
Statutory schemes that create per-violation damage minimums can lead to devastating consequences when assessed in the aggregate. Where evidence of actual damages is lacking, judgments may be ...
Takeaway: Statutes that impose per-violation statutory damages, like the Telephone Consumer Protection Act (TCPA), can lead to astronomical class action verdicts. In Wakefield v. ViSalus, Inc., 51 ...
In recent months, and now, with the first lawsuit filed by Merck on June 6, 2023, the pharmaceutical industry has begun to preview a slew of potential constitutional and statutory legal claims that ...
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