Archive for the ‘Litigation’ Category

That’s the gist of today’s court victory for “Stillworldly,” an anonymous poster on Yahoo! Finance message boards. Public Citizen and the Electronic Frontier Foundation attorneys represented the anonymous poster.

The company in question is IA Global, which operates telemarketing operations overseas in addition to other activities (it touts itself as “a growing Business Process Outsourcing (“BPO”) and Financial Services corporation” on its Web site — yuck).

IA Global’s stock performance hasn’t exactly been stellar. In mid-2000, it’s stock was about $5 a share; since then, it’s tanked to around $0.05 a share.

Stillworldly observed this lousy performance on a public forum, and IA Global seemed to think this was grounds for a defamation suit.

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We tried, and we’ll keep trying, because that’s what we do. But right now, we are 0-1 in our effort to object to anti-consumer terms in the Chrysler bankruptcy.

The bankruptcy judge, Arthur J. Gonzalez, has granted Chrysler’s request to let the company off the hook for future legal claims by people who own defective vehicles. That means that if you have a dangerously defective Chrysler, Dodge or Jeep, you are likely out of luck. Read Chris Jensen’s well-written New York Times piece.

 But since we’re Public Citizen, we don’t give up. We’ll be filing an appeal shortly.

Yesterday Public Citizen and the Natural Resources Defense Council filed a lawsuit under the Freedom of Information Act against the Federal Maritime Commission. The dispute dates back to last October, when NRDC tried to get records about the Commission’s unusual decision to investigate and seek termination of portions of programs at two California ports that aimed to reduce truck emissions, called the Clean Trucks Programs. Why the Commission—usually concerned with regulating shipping—took such a keen interest in a program regulating trucks, is a topic of much speculation, and you can read more about NRDC’s efforts to fight for the Clean Trucks Programs here.

However, not only the environment is at stake in this case, so are our government transparency laws. Under FOIA, requesters are supposed to be granted a waiver of all the fees associated with searching for and copying the requested records if the disclosure will further the public’s understanding of the operations of government and is not in the commercial interest of the requester. The Commission denied NRDC a public interest fee waiver, even though NRDC extensively documented how it intended to use the information to inform the public about the Commission’s investigation of the programs.

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Public Citizen has exciting news to share. This week, the U.S. Supreme Court in Wyeth v. Levine agreed with Public Citizen that patients harmed by defective and mislabeled drugs have the right to sue drug companies to recover compensation for their injuries.

This is a huge win not only for Public Citizen – who was part of the plaintiff’s legal team – but for all American citizens.

Drug companies aren’t perfect, and sometimes they fail to identify and inform doctors and the Food and Drug Administration (FDA) of problems with their products or their products’ labels.

And, most important, once a drug is marketed to thousands of people, we learn about things that we never knew in the clinical trials for that drug – problems that arise over the years as doctors prescribe and patients take the drug.

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