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Brian Wolfman
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In light of our post earlier today, I'm reminding our readers that Jesinoski v. Countrywide Home Loan is scheduled for oral argument in the Supreme Court next Tuesday, November 4. Here's the question presented: Does a borrower exercise his right... Continue reading
Posted 2 days ago at CL&P Blog
The Truth in Lending Act gives consumers the right to rescind many (but not all) consumer-credit transactions under specified circumstances. The courts have disagreed over how a consumer must notify the lender that she is exercising her recission right. That's... Continue reading
Posted 2 days ago at CL&P Blog
Following up on our recent post about whether state law permits brand-name drug manufacturers to be held liable for injuries caused by mislabeled generic drugs, take a look at Who (If Anyone) Should Be Liable for Injuries from Generic Drugs?... Continue reading
Posted 4 days ago at CL&P Blog
Back in January 2013, we told you about the ruling of the Alabama Supreme Court in Wyeth v. Weeks. Weeks held that, under Alabama state law, a patient harmed by a generic drug may recover from the brand-name drug manufacturer... Continue reading
Posted 4 days ago at CL&P Blog
Law professor Imre Szalai has written More than Class Action Killers: The Impact of Concepcion and American Express on Employment Arbitration. Here is the abstract: This Article highlights how two recent U.S. Supreme Court decisions, AT&T Mobility LLC v. Concepcion... Continue reading
Posted Oct 21, 2014 at CL&P Blog
The Consumer Financial Protection Bureau has issued this final rule concerning the requirement that financial institutions provide an annual disclosure of their privacy policies to their customers. In some situations, financial institutions will be able to post the information online... Continue reading
Posted Oct 20, 2014 at CL&P Blog
The legalization of marijunana creates economic winners and losers. One loser is the private prison industry, which is lobbying against legalization, as explained in this article by Kendall Bentsen. Continue reading
Posted Oct 13, 2014 at CL&P Blog
Law professor Martin Redish and law student Jullie Karaba think so, as they explain in One Size Doesn't Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism. Here is the abstract: Panel of federal judges regularly transfers... Continue reading
Posted Oct 9, 2014 at CL&P Blog
The Food and Drug Administration has issued this set of materials concerning which over-the-counter drugs impair the user's ability to drive and operate other machinery. Continue reading
Posted Oct 8, 2014 at CL&P Blog
Law professor Margaret Kwoka has been writing a lot on freedom of information. Read her new article called Leaking and Legitimacy. Here is the abstract: Julian Assange, Chelsea Manning, and Edward Snowden have captured the world’s attention in recent years... Continue reading
Posted Sep 30, 2014 at CL&P Blog
Yep, that's the topic of Essay: From the 'No Spittin', No Cussin' and No Summary Judgment' Days of Employment Discrimination Litigation to the 'Defendant's Summary Judgment Affirmed Without Comment' Days: One Judge's Four-Decade Perspective by U.S. District Judge Mark W.... Continue reading
Posted Sep 30, 2014 at CL&P Blog
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That's what the economic data suggest, at least the data through 2012. After reproducing what Matthew Yglesias calls the most important chart about the American economy you'll see this year, Yglesias explains: For a long time, most of the gains... Continue reading
Posted Sep 30, 2014 at CL&P Blog
Read this article by Michael Corkery and Jessica Sliver-Greenberg. Here's an excerpt: The thermometer showed a 103.5-degree fever, and her 10-year-old’s asthma was flaring up. Mary Bolender, who lives in Las Vegas, needed to get her daughter to an emergency... Continue reading
Posted Sep 25, 2014 at CL&P Blog
For years now, the National Highway Traffic Safety Administration (NHTSA) has authorized auto manufacturers to recall defective vehicles on a regional (rather than a national) basis. The idea, NHTSA maintains, is that some vehicle defects only matter regionally -- say,... Continue reading
Posted Sep 15, 2014 at CL&P Blog
As explained in this article by Daniel Fisher, Seventh Circuit judge Richard Posner recently had some tough questions for proponents of a class-action settlement in which the plaintiff-consumers got coupons (that's right, $10 coupons to purchase the defendant's products!) and... Continue reading
Posted Sep 11, 2014 at CL&P Blog
Second Circuit judge Guido Calabresi has written A Broader View of the Cathedral: The Significance of the Liability Rule, Correcting a Misapprehension. Here is the abstract: Recent years have seen a resurgence of Torts viewed as a purely private legal... Continue reading
Posted Sep 9, 2014 at CL&P Blog
Guest post by Deborah Kopald [Deborah Kopald (BA, Harvard; MBA, MIT Sloan School of Management) is an environmental health and public policy consultant and author who has developed and overseen the passage of legislative initiatives and has served as a... Continue reading
Posted Sep 8, 2014 at CL&P Blog
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That's the topic of Alan Morrison's wide-ranging article entitled Saved by the Supreme Court: Rescuing Corporate America. Continue reading
Posted Sep 5, 2014 at CL&P Blog
Yesterday, Google agreed with the Federal Trade Commission to pay $19 million to consumers whose children allegedly were misled into making purchases in the Android "app store." As this article by Cecilia Kang explains: Google made it too easy for... Continue reading
Posted Sep 5, 2014 at CL&P Blog
That's the name of this new report by the National Consumer Law Center. Here's the Center's overview: The U.S. Department of Education refers every eligible defaulted student loan debt to private debt collection agencies. Collectors are hired not only to... Continue reading
Posted Sep 5, 2014 at CL&P Blog
Yesterday, the Consumer Financial Protection Bureau warned credit-card companies through this Bulletin not to attract new customers with deceptive interest-rate deals that are too good to be true. Here's how CFPB head Richard Cordray put it: Credit card offers that... Continue reading
Posted Sep 4, 2014 at CL&P Blog
I thought our readers might be interested in this story by legal reporter Adam Liptak about how some facts are determined in the Supreme Court. Like any court, the Supreme Court wants to understand the facts relevant to the legal... Continue reading
Posted Sep 2, 2014 at CL&P Blog
We have posted a number of times about self-driving cars, including about how they'll be regulated. Go, for instance, here, here, and here. So, now, read this article by Ashley Halsey III about a spin around D.C. in a driverless... Continue reading
Posted Aug 26, 2014 at CL&P Blog
So, you want to buy a used or new car. How do you tell whether the vehicle has been recalled and whether the repair associated with the recall has been completed? Given the large number of high-volume recalls in the... Continue reading
Posted Aug 25, 2014 at CL&P Blog
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That's the name of this article from Vox, which is worth a read. Here's an excerpt: Health care prices have grown really slowly this summer, a piece of good economic news released by the Bureau of Labor Statistics Tuesday. The... Continue reading
Posted Aug 21, 2014 at CL&P Blog