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Brian Wolfman
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Car companies trying to escape liability by escaping the court system
This article by Christopher Jensen explains that the big automakers are trying to use aribtration clauses in consumers' contracts with auto dealers to escape liability in court in class actions and with respect to individual claims under state "lemon laws."... Continue reading
Posted 2 days ago at CL&P Blog
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New York City argues appeal of decision invalidating its ban on large sugary drinks
by Brian Wolfman We posted in March when a state trial court in New York threw out New York City's ban on the sale of sugary drinks larger than 16 ounces. We have posted many times on the ban, including... Continue reading
Posted 5 days ago at CL&P Blog
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What the rulemakers should do about class actions
In recent years, Supreme Court decisions have narrowed the circumstances in which class actions can be maintained under Federal Rule of Civil Procedure 23. In "Walking the Class Action Maze: Toward a More Functional Rule 23," law professor Robert Bone... Continue reading
Posted 6 days ago at CL&P Blog
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CFPB issues study on bank and credit union overdraft practices
The Consumer Financial Protection Bureau has issued this study on bank and credit union overdraft practices. As explained in the agency's press release, the study raises concerns about whether the overdraft costs on consumer checking accounts can be anticipated and... Continue reading
Posted Jun 11, 2013 at CL&P Blog
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The revolving door starts spinning at the CFPB
The new Consumer Financial Protection Bureau, though only in its infancy, is already supplying lawyers to law firms that represent the financial services industry, as described in this article by Jenna Greene. Greene says that the law firm Buckley Sandler,... Continue reading
Posted Jun 10, 2013 at CL&P Blog
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Supreme Court upholds aribtrator's decision allowing class arbitration
In Oxford Health Plans v. Sutter, the Supreme Court today upheld an arbitrator's decision that a particular arbitration clause authorized class arbitration. Justice Kagan wrote the main opinion, which was unanimous. The standard of review of arbitrators' decisions under the... Continue reading
Posted Jun 10, 2013 at CL&P Blog
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Sheldon Whitehouse on civil juries and mandatory arbitration
Read Senator Whitehouse's essay. Here's the intro: In recent years corporations have racked up significant victories before the U.S. Supreme Court — a corporate windfall that has come at the expense of Americans who are unable to win redress for... Continue reading
Posted Jun 10, 2013 at CL&P Blog
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CFPB plans a consumer awareness study on "dispute resolution" (that is, arbitration)
by Brian Wolfman As many of our readers know, the Dodd-Frank financial reform law authorizes the Consumer Financial Protection Bureau to regulate consumer arbitration. Under that law, the CFPB must conduct a study of consumer arbitration and then issue a... Continue reading
Posted Jun 10, 2013 at CL&P Blog
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Erwin Chemerinsky on why he thinks the Supreme Court's McBurney decision is wrong
As you will recall, in late April, the Supreme Court decided McBurney v. Young, holding unanimously that neither the Privileges and Immunities Clause of Article IV nor the dormant Commerce Clause of the United States Constitution prevents a state from... Continue reading
Posted Jun 7, 2013 at CL&P Blog
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States that don't opt in to the Affordable Care Act's medicaid expansion stand to lose money (in addition to putting their citizens' health at risk)
We have posted frequently about the ramifications of the states' decisions to opt-in (or not) to the Affordable Care Act's massive medicaid expansion, including just a few days ago, when we noted the large number of states that have either... Continue reading
Posted Jun 6, 2013 at CL&P Blog
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The intersection of disability rights and copyright
My office just submitted an amicus brief in the Second Circuit that I thought our readers might find interesting. The brief on behalf of 15 leading national disability rights organizations and academic researchers in Authors Guild, Inc. v. Hathitrust, No.... Continue reading
Posted Jun 4, 2013 at CL&P Blog
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The feds begin regulatory oversight of self-driving cars
by Brian Wolfman Last October, we told you that California Governor Jerry Brown signed a bill that establishes a regulatory framework for allowing self-driving cars on California roads. If self-driving cars work as planned they will greatly reduce crashes that... Continue reading
Posted Jun 3, 2013 at CL&P Blog
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Full implementation of Affordable Care Act medicaid expansion at risk
by Brian Wolfman After the Supreme Court last summer held (7 to 2) that the Affordable Care Act's medicaid expansion could not be forced on the states under the Constitution's so-called Spending Clause, it was left to the states to... Continue reading
Posted Jun 3, 2013 at CL&P Blog
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CFPB consumer complaint database becomes searchable on state-by-state basis and adds new info about money transfers and credit reporting
Consumer Financial Protection Bureau head Richard Cordray announced today that the agency has enhanced its Consumer Complaint Database to include state-by-state information. The CFPB also added complaints about money transfers and credit reporting to the database. “This data puts valuable... Continue reading
Posted May 31, 2013 at CL&P Blog
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Don't let the stock market fool you: Most people have not recovered from the economic meltdown
As explained in this article by Ylan Mui, "American households have rebuilt less than half of the wealth lost during the recession, leaving them without the spending power to fuel a robust economic recovery, according to a new analysis from... Continue reading
Posted May 31, 2013 at CL&P Blog
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Statutory qui tam actions as a response to the Supreme Court's ruling in Concepcion
Law professor Janet Alexander has written "To Skin a Cat: Qui Tam Actions as a State Legislative Response to Concepcion." Here is the abstract: The Supreme Court’s decision in Concepcion is widely regarded as heralding the demise of small-claims class... Continue reading
Posted May 30, 2013 at CL&P Blog
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No opposition to Supreme Court review in Noel Canning recess appointment case
As our readers know, on April 25, 2013, the Solicitor General petitioned the Supreme Court to review the D.C. Circuit's Noel Canning decision, which held that three putative recess appointments made by President Obama to the National Labor Relations Board... Continue reading
Posted May 30, 2013 at CL&P Blog
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CBO: Half of the biggest tax breaks go to the richest 20%
Posted May 30, 2013 at CL&P Blog
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New FDCPA case from the Second Circuit
In Hooks v. Forman, Holt, Eliades & Ravin, No. 12-3639-cv (May 29, 2013), the Second Circuit has held that a debt collector's collection notice violated the Fair Debt Collection Practices Act by stating that the plaintiffs could only dispute the... Continue reading
Posted May 29, 2013 at CL&P Blog
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Are state parens patriae suits "mass actions" under the Class Action Fairness Act?
The Class Action Fairness Act provides jurisdiction in federal district court (originally and by removal) for most minimally diverse class actions and for "mass actions." Under CAFA, a mass action is any civil action (except a civil action within the... Continue reading
Posted May 29, 2013 at CL&P Blog
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California gets ready to implement the Affordable Care Act
As states begin implementing the Affordable Care Act, will they offer a range of options at prices preferable to what is available today? Chad Terhune has written this article about what California is doing. Here's an exceprt: After weeks of... Continue reading
Posted May 27, 2013 at CL&P Blog
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House passes new college-loan subsidization bill; presidential veto threatened
by Brian Wolfman In recent years, July 1 has been the crisis date for the federal program that subsidizes student loans. The loans are subsidized in a number of ways, principally by having below-market interest rates. Unless Congress acts, on... Continue reading
Posted May 24, 2013 at CL&P Blog
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"Aggregate Litigation and the Death of Democratic Dispute Resolution"
That's the name of this article by law professor Linda Mullenix. Here's the abstract: Professor Redish has both anchored the modern class action in American political and constitutional theory, raising serious questions about the legitimacy of this procedural device for... Continue reading
Posted May 21, 2013 at CL&P Blog
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"Crowd-Classing Individual Arbitrations in a Post-Class Action Era"
That's the name of this article by law professors Myriam Gilles and Anthony Sebok. Here's the abstract: Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs’ lawyers skilled in bringing small-value, large-scale litigation –... Continue reading
Posted May 21, 2013 at CL&P Blog
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New legal challenge to the Affordable Care Act
As explained in this New Republic essay by Si Lazarus, a new challenge to the Affordable Care Act is nearly as threatening to its viability as the now-rejected challenge to its constitutionality. Here's an excerpt: After the Supreme Court upheld... Continue reading
Posted May 21, 2013 at CL&P Blog
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