• Ninth Circuit rules credit card late fees and over-limit fees are not punitive damages subject to constitutional limitations; Judge Reinhardt concurs, reluctantly (California Punitive Damages)
  • In a case not involving smelly washers, Judge Posner-led Seventh Circuit panel rejects a class certification (Class Action Countermeasures)
  • Legal and judicial activism has real economic consequences: court ruling deters Shell from pursuing new domestic oil resources (E&E News)
  • Critical question in forthcoming Supreme Court Aereo copyright case: What does “to the public” mean? (Copyhype)
  • The venerable Business Judgment Rule comes under attack (D&O Diary)
  • Sixth Circuit narrows the applicability of Michigan’s “FDA defense” law in drug liability cases (Drug & Device Law)
  • FDA continues to conjure up requirements for “medical foods,” this time through two warning letters (FDA Law Blog)
  • Patent troll sues FTC (Patent Progress)