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Brian Wolfman
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AP reporter Ken Sweet explains that Big Banks Saved $3.6B in Taxes Last Quarter Under New (Tax) Law. An excerpt: The nation's six big Wall Street banks posted record, or near record, profits in the first quarter, and they can... Continue reading
Posted 2 days ago at CL&P Blog
Following up on Jeff's post yesterday, read Nikitra Bailey's piece in the American Banker entitled Scrapping CFPR auto lending rule would only lead to more discrimination. Here's an excerpt: A group of senators is working to make it easier for... Continue reading
Posted 4 days ago at CL&P Blog
Some of the people who read this blog -- both lawyers and injured patients -- must respond to preemption defenses in their medical-product litigation. You may want to read Catherine Sharkey's Field Preemption: Opening the 'Gates of Escape' from Tort... Continue reading
Posted 6 days ago at CL&P Blog
Law prof Benjamin Zipursky has written The Monsanto Lecture: Online Defamation, Legal Concepts, and the Good Samaritan. Here's the abstract: Federal and state courts around the country – aided by academics on almost all sides – have completely misread the... Continue reading
Posted Apr 9, 2018 at CL&P Blog
Law prof Jim Hawkins has written Protecting Consumers as Sellers. Here's the abstract (with a few words added at the end by me): When the majority of modern contract and consumer protection laws were written in the 1950s, 60s, and... Continue reading
Posted Apr 9, 2018 at CL&P Blog
Read this NY Times op-ed by Georgetown Law's John Brooks entitled Don’t Let the G.O.P. Dismantle Obama’s Student Loan Reforms. Here's an excerpt (but read the whole thing): One of the most important — but least known — achievements of... Continue reading
Posted Apr 9, 2018 at CL&P Blog
We've blogged many times on the idea of taxing sugary drinks to stem the obesity/diabetes epidemic. Go, for instance, here and here. Critics claimed that these so-called soda taxes would do little to improve health while hurting grocers, particularly small... Continue reading
Posted Apr 5, 2018 at CL&P Blog
In a detailed and informative post entitled Judge Declares Some PACER Fees Illegal but Does Not Go Far Enough, open-courts activist Steve Schultze says explains that Five years ago, in a post called “Making Excuses for Fees on Electronic Public... Continue reading
Posted Apr 3, 2018 at CL&P Blog
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Many of our readers no doubt have read that Scott Pruitt (EPA head and climate change denier) is planning to scrap the Obama Administration's fuel-economy targets aimed at making cars more fuel efficient (and, in turn, having some positive effect... Continue reading
Posted Mar 30, 2018 at CL&P Blog
Louisville consumer lawyer Ben Carter just wrote this opinion piece for the Louisville Courier-Journal on the Trump Administration’s efforts to roll back state-specific consumer protections on payday lending and student loan debt servicing. Continue reading
Posted Mar 29, 2018 at CL&P Blog
This article says that "[t]he top cop for U.S. consumer finance has decided not to sue a payday loan collector and is weighing whether to drop cases against three payday lenders, said five people with direct knowledge of the matter."... Continue reading
Posted Mar 28, 2018 at CL&P Blog
The National Employment Lawyers Association Institute has just released this report about forced arbitration in the workplace. Here's how the Institute describes the report: Authored by Loyola University New Orleans College of Law Prof. Imre S. Szalai, this groundbreaking report... Continue reading
Posted Mar 26, 2018 at CL&P Blog
This article by Hugo Martin explains: The smartphone video that went viral last year showing a United Airlines passenger being dragged out of an overbooked flight prompted several large airlines to vow to end or dramatically reduce the number of... Continue reading
Posted Mar 26, 2018 at CL&P Blog
As you may know, the Munger Tolles law firm has backtracked on its effort to force summer associates to sign mandatory, pre-dispute arbitration agreements with the firm. Given the "me too" movement, the firm certainly had a PR problem on... Continue reading
Posted Mar 25, 2018 at CL&P Blog
The result today in Cyan v. Beaver County Employees Retirement Fund is interesting, particularly given the legislative trend to provide forum choice to defendants in aggregate litigation (which usually means federal court, because big companies generally prefer federal court). The... Continue reading
Posted Mar 20, 2018 at CL&P Blog
This interesting article by Paul Demko explains that despite Trump's and the republicans' legislative and regulatory efforts to make the Affordable Care Act economically non-viable, 2017 was the best year yet financially for ACA insurers. Continue reading
Posted Mar 18, 2018 at CL&P Blog
That's the title of this article by Mike Konzcal. Then, read this article in The Hill explaining that "[t]he battle pits moderate Democrats up for reelection this year in states such as Missouri, West Virginia, North Dakota and Montana against... Continue reading
Posted Mar 6, 2018 at CL&P Blog
In this Atlantic piece, Derek Thompson helps expose the farcical Trump tax cut for what it is: Corporate stock buybacks in the first 6 weeks of 2018 "reached historical high[s], totaling about $170 billion. That’s 28 times larger than the... Continue reading
Posted Feb 28, 2018 at CL&P Blog
I know little of economics but I've frequently said to myself (and occasionally to colleagues and clients) that, all other things equal, the defendant generally benefits from delay, and the plaintiff, wanting to see some cash, rarely so. But what... Continue reading
Posted Feb 23, 2018 at CL&P Blog
In today's decision in Hagy v. Demers & Adams, the Sixth Circuit held that a bare allegation that a debt collector's letter that fails to say it's "from a debt collector" as required by the Fair Debt Collection Practices Act,... Continue reading
Posted Feb 16, 2018 at CL&P Blog
The decision is Tatis v. Allied Interstate. Applying the "least sophisticated consumer" standard and following decisions of the Fifth, Sixth, and Seventh circuits, the court summarizes its decision this way: This appeal arises under the Fair Debt Collection Practices Act... Continue reading
Posted Feb 13, 2018 at CL&P Blog
Law prof Cynthia Estlund has written on that topic in The Black Hole of Mandatory Arbitration. Here's the abstract: What is the impact of mandatory arbitration agreements (MAAs) in employment? It is now several decades since the Supreme Court gave... Continue reading
Posted Feb 12, 2018 at CL&P Blog
In this article, Reuters reporter Patrick Rucker explains that "Mick Mulvaney, [Trump's interim] head of the Consumer Financial Protection Bureau, has pulled back from a full-scale probe of how Equifax Inc failed to protect the personal data of millions of... Continue reading
Posted Feb 5, 2018 at CL&P Blog
In Devlin v. Scardelletti, the U.S. Supreme Court held that a class-action objector may appeal a district court's approval of a class-action settlement under Federal Rule of Civil Procedure 23 without first intervening. Today, the California Supreme Court rejected that... Continue reading
Posted Jan 29, 2018 at CL&P Blog
That's the title of this Chicago-Sun Times editorial. Continue reading
Posted Jan 28, 2018 at CL&P Blog