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"We're disappointed the medical community has chosen to litigate on top of already pending consumer litigation on the same topic".
Second, the culture of consumer litigation scared us.
We also need to be aware of how much wastage is caused by fear of consumer litigation.
"We are at an all-time high for this mortgage litigation," said Christopher J. Willis, a lawyer with Ballard Spahr, which handles securities and consumer litigation.
"If they've got it, great," said Edwin M. Baum, head of the product and consumer litigation practice at Proskauer Rose in Manhattan.
In a recent review of the consumer litigation system, the commission found that credit card issuers and other companies were basing some lawsuits on incomplete or false paperwork.
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One problem seems to be the fixation of the U.S. Chamber on taking out anyone who supports pro-consumer litigation, or blocking laws that can lead to it.
That said, a contrary outcome in Hain Celestial, one that embraced the Eastern District of New York court's rejection of implied preemption, would have lent significant credence to the concept of "parallel enforcement" that has emerged in state-law consumer-fraud litigation.
About the Author -- Richard Frankowski, www.frankowskifirm.com, is licensed in Alabama and Florida and a Member of The Frankowski Firm, LLC, Mr. Frankowski's practice focuses on complex consumer and commercial litigation with an emphasis on securities litigation and arbitration.
However, he admitted in his deposition that he has never before prepared a consumer survey for litigation and he is unfamiliar with the standards set forth by federal courts for the reliability of such surveys.
Charles joins the center as executive director after focusing on consumer and products litigation in state and federal courts as an associate at McGuireWoods in Raleigh.
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