This is Brian Wolfman's Typepad Profile.
Join Typepad and start following Brian Wolfman's activity
Join Now!
Already a member? Sign In
Brian Wolfman
Recent Activity
After learning that the plaintiff in Spokeo v. Robins won on remand from the Supreme Court, I ran into Spokeo Misspeaks, an article by law prof Lauren Willis. Here's the abstract: Most commentators have critiqued the Supreme Court’s opinion in... Continue reading
Posted 3 days ago at CL&P Blog
Many of our readers will recall the Supreme Court's decision last year in Spokeo v. Robins in which the Court explained, in general terms, what it means for a plaintiff to allege a "concrete" injury sufficient to establish article III... Continue reading
Posted 4 days ago at CL&P Blog
Following up on an earlier post, this Reuters story by Jonathan Spicer reports that Americans' debt level notched another record high in the second quarter, after having earlier in the year surpassed its pre-crisis peak, on the back of modest... Continue reading
Posted 4 days ago at CL&P Blog
Law prof James Henderson says nope in The Impropriety of Punitive Damages in Mass Torts. Here is the abstract: Punitive damages have been around for centuries in classic one-on-one tort actions and are here to stay. Mass torts, of more... Continue reading
Posted 4 days ago at CL&P Blog
That's the thrust of this American Banker article (possibly behind a paywall). Here is an excerpt: Consumer groups have long denounced the influence of big banks and for-profit companies on agency rulemakings, often pointing to the number of meetings held... Continue reading
Posted 4 days ago at CL&P Blog
That's the name of this article by consumer reporter Michelle Singletary. Here are excepts: Outstanding consumer revolving debt — mostly credit card debt — hit an all-time peak of $1.021 trillion in June, according to the Federal Reserve. This should... Continue reading
Posted 5 days ago at CL&P Blog
So, you didn't predict that Trump would turn his sickening response to the white nationalist terror attack in Charlottesville into a faux pro-consumer attack on high prescription-drug prices? Me neither. Here goes: As this article by Glenn Thrush explains, "Merck’s... Continue reading
Posted 5 days ago at CL&P Blog
Eric Helland, Daniel Klerman, Brenda Dowling, and Alexander Kappner have written Contingent Fee Litigation in New York City. The authors were able to conduct this study because, by court rule, lawyers practicing in parts of New York City must file... Continue reading
Posted 5 days ago at CL&P Blog
That's the name of this article by law prof David Noll. Here is the abstract: One of the most important battles currently being fought in the United States' "arbitration wars" involves regulation by federal administrative agencies. Since 2014, the Consumer... Continue reading
Posted Aug 9, 2017 at CL&P Blog
That's a key issue addressed by law prof Alexandra Lahav in Mass Tort Class Actions - Past, Present, and Future. Here is the abstract: The judicial experiment with mass tort class actions was an anemic one, albeit somewhat spectacular in... Continue reading
Posted Aug 9, 2017 at CL&P Blog
According to the Department of Education, there's about $1.4 trillion in outstanding U.S. student loan debt, $137 billion of which is in default (with 1.1 million students going into default in 2016 alone). No long-term solutions are on the horizon.... Continue reading
Posted Aug 8, 2017 at CL&P Blog
Image
The New York Times has gotten a hold of a draft of the federal government's climate science special report. The draft report is slated to be part of the National Climate Assessment, which is required by Congress every 4 years.... Continue reading
Posted Aug 8, 2017 at CL&P Blog
Banks and credit unions may give their customers the option of overdraft "protection," which allows the customer to overdraw when (for instance) using a debit card in exchange for paying a overdraft fee. The Consumer Financial Protection Bureau is concerned... Continue reading
Posted Aug 4, 2017 at CL&P Blog
Former Trump campaign head Corey Lewandowski went on Meet the Press today. The host of the show, Chuck Todd, was questioning Lewandowski on the same things everyone else on the Sunday shows had been talking about: the failure of the... Continue reading
Posted Jul 30, 2017 at CL&P Blog
In recent years, federal courts have been addressing corporate class-action defendants' claims that the federal class-action rule (Rule 23) contains an rigorous "ascertainability" requirement -- a supposed need for the plaintiffs to show, at the certification stage (rather than at... Continue reading
Posted Jul 24, 2017 at CL&P Blog
Last Friday marked the Consumer Financial Protection Bureau's 6th birthday. It celebrated with a report describing what it considers the agency's top 6 accomplishments.These topics are described below, and the specifics are provided after the jump (with links to further... Continue reading
Posted Jul 24, 2017 at CL&P Blog
In Competitive Enterprise Institute v. DOT, by a 2-1 vote, the D.C. Circuit has upheld a Department of Transportation rule banning use of e-cigarettes on commercial passenger flights. The main question was whether Congress's 1987 law making it illegal "to... Continue reading
Posted Jul 24, 2017 at CL&P Blog
This article by AP medical journalist Carla Johnson explains that Trump is not simply letting the Affordable Care Act fail (as he has occasionally pledged to do), but taking affirmative steps to harm the Act by making it harder to... Continue reading
Posted Jul 23, 2017 at CL&P Blog
The independence of the Consumer Financial Protection Bureau's director is under challenge in the D.C. Circuit. And the agency's arbitration rule is under siege from corporate America and in Congress. Meanwhile, the agency -- because of its independence -- keeps... Continue reading
Posted Jul 21, 2017 at CL&P Blog
Peter Lurie -- the current FDA associate commissioner for public health strategy and analysis and former deputy director of Public Citizen's Health Research Group -- will become the President of the Center for Science in the Public Interest in September.... Continue reading
Posted Jul 20, 2017 at CL&P Blog
No doubt our readers have heard about the Congressional Budget Office's report on the repeal-only version of Trumpcare (sometimes pushed by Trump and often times pushed by ACA-hater purists). But if you want to actually read it, go here. The... Continue reading
Posted Jul 20, 2017 at CL&P Blog
Given the political and legal controversy over the Consumer Financial Protection Bureau's status as an independent agency, and the challenge to its structure pending en banc in the D.C. Circuit (go, for instance, here, here, and here), our readers may... Continue reading
Posted Jul 12, 2017 at CL&P Blog
Two new lawsuits challenge conduct of Trump's "Election Integrity" Commission. ACLU v. Trump maintains that the Commission is meeting in secret and hiding its records in violation of the Federal Advisory Committee Act. Read the complaint here. And then there... Continue reading
Posted Jul 11, 2017 at CL&P Blog
That's the name of this article by C. Ryan Barber (possibly behind a paywall). Here's an excerpt: When the Consumer Financial Protection Bureau expanded its public database to include narratives of negative customer experiences, banks such as Wells Fargo and... Continue reading
Posted Jul 11, 2017 at CL&P Blog
CFPB director Richard Cordray's prepared remarks on the new arbitration rule: Thank you for joining us on this call. Today, we are announcing a final rule that prevents financial companies from using mandatory arbitration clauses to deny groups of consumers... Continue reading
Posted Jul 10, 2017 at CL&P Blog