This is Scott Nelson's Typepad Profile.
Join Typepad and start following Scott Nelson's activity
Join Now!
Already a member? Sign In
Scott Nelson
Recent Activity
The Trump transition team has indicated that the new administration's strategy for Dodd-Frank is likely to be piecemeal dismantling rather than wholesale repeal, according to multiple reports, including this one by NPR. Meanwhile, the auto industry hopes the new administration... Continue reading
Posted Nov 11, 2016 at CL&P Blog
In an opinion and order issued today, U.S. District Judge Michael Mills of the Northern District of Mississippi issued a preliminary injunction blocking enforcement of the CMS rule barring the use of predispute arbitration agreements by nursing homes that participate... Continue reading
Posted Nov 7, 2016 at CL&P Blog
I've written a short opinion piece for The Hill called "The D.C. Circuit demotes Richard Cordray." It's available here. Continue reading
Posted Oct 14, 2016 at CL&P Blog
The case the Supreme Court agreed to hear today, Midland Funding v. Johnson, involves both whether filing a proof of claim for a time-barred debt in a bankruptcy proceeding is debt collection activity that violates the Fair Debt Collection Practices... Continue reading
Posted Oct 11, 2016 at CL&P Blog
In a regulation issued today, for publication early next week in the Federal Register, the Centers for Medicare and Medicaid Services of the Department of Health and Human Services have banned nursing homes that participate in the Medicare and Medicaid... Continue reading
Posted Sep 28, 2016 at CL&P Blog
The U.S. Court of Appeals for the Ninth Circuit ruled yesterday that drivers for the alt-cab company Uber have to arbitrate claims against the company. The decision means that those drivers are out of court on most of their claims,... Continue reading
Posted Sep 8, 2016 at CL&P Blog
On Wednesday of this week, a federal district court in California handed the Consumer Financial Protection Bureau a victory in its lawsuit against consumer lender CashCall. The court's ruling grants the CFPB partial summary judgment on its claim that CashCall... Continue reading
Posted Sep 2, 2016 at CL&P Blog
Health advocates have been saying for years that consumers shouldn’t use antibacterial soaps. Yet manufacturers have continued to put antibacterial agents into liquid soaps, to the extent that for a while it was hard to find products on store shelves... Continue reading
Posted Sep 2, 2016 at CL&P Blog
I have to admit that there are a lot of things I love about Amazon.com. That it tries to require its customers to arbitrate their claims and waive the right to participate in class actions is not one of them.... Continue reading
Posted Aug 25, 2016 at CL&P Blog
Banks want to keep their customers out of court. But consumers overwhelmingly want the right to take banks to court if they have a dispute. Those are the findings of research released today by the Pew Charitable Trusts. Pew studied... Continue reading
Posted Aug 17, 2016 at CL&P Blog
The Supreme Court today issued its much-anticipated ruling in Spokeo v. Robins. The opinion vacates and remands the Ninth Circuit's holding that the plaintiff had standing to pursue his claims under the Fair Credit Reporting Act, but leaves open the... Continue reading
Posted May 16, 2016 at CL&P Blog
Another important regulatory document related to the CFPB's proposed rule is the Final Report of the Small Business Review Panel on the CFPB’s Potential Rulemaking on Pre-Dispute Arbitration Agreements. In creating the CFPB, Congress subjected its regulations to the requirements... Continue reading
Posted May 5, 2016 at CL&P Blog
In a much-anticipated ruling, the Supreme Court today held that a class-action defendant cannot moot a plaintiff’s case by making a pre-class-certification offer of judgment that would satisfy the individual plaintiff’s personal claims but not those of the class. The... Continue reading
Posted Jan 20, 2016 at CL&P Blog
Today's LA Times has another story on the Fiat-Chrysler stratagem of offering customers a "friends and family" discount in return for which consumers sign away their right to sue the automaker by agreeing to arbitration. (We had a short blog... Continue reading
Posted Oct 16, 2015 at CL&P Blog
Guest post by Julie Murray (Public Citizen Litigation Group) Some states have recently adopted, and dozens of others have considered, laws that require food manufacturers to disclose whether their products have been made through genetic engineering (GE). These laws would... Continue reading
Posted Sep 2, 2015 at CL&P Blog
In a split decision Tuesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struck down a portion of an SEC rule requiring publicly traded companies to disclose whether their products “have not been... Continue reading
Posted Aug 21, 2015 at CL&P Blog
A few weeks back I blogged here about pharmaceutical manufacturer Amarin’s lawsuit aiming to allow it to market a fish-oil based drug for a use not approved by the FDA. The FDA denied approval because it concluded the drug had... Continue reading
Posted Aug 7, 2015 at CL&P Blog
In Chapman v. All American Painting, Inc., the Seventh Circuit today overruled a string of decisions, including Damasco v. Clearwire Corp., and held that a rejected offer of judgment that would have provided a plaintiff with complete relief does not... Continue reading
Posted Aug 6, 2015 at CL&P Blog
You may know that H.R. 1599, the "Safe and Accurate Food Labeling Act of 2015" passed the House of Representatives a couple of weeks back and has been referred to committee in the Senate. You may also know that the... Continue reading
Posted Aug 6, 2015 at CL&P Blog
In a decision issued Monday in a case called Sanchez v. Valencia Holding Co., the California Supreme Court rejected arguments that a class-action ban in an arbitration clause, together with a few other provisions that were unfavorable to a consumer,... Continue reading
Posted Aug 5, 2015 at CL&P Blog
The FTC's press release is here. Continue reading
Posted Aug 5, 2015 at CL&P Blog
News reports in the last day reveal that Facebook has obtained a patent on a method for "authenticating an individual for access to information or service based on that individual's social network." What exactly does that mean? Among other things,... Continue reading
Posted Aug 5, 2015 at CL&P Blog
Asserting that other courts of appeals have misread one of its precedents, the Eleventh Circuit has insisted that its law differs from that of other circuits on the question whether the pendency of a failed class action tolls the statute... Continue reading
Posted Aug 4, 2015 at CL&P Blog
This past Friday, the U.S. Court of Appeals for the Ninth Circuit held that class claims against Netflix for alleged violations of the Video Privacy Protection Act and a similar California statute had to be dismissed because neither statute applies... Continue reading
Posted Aug 3, 2015 at CL&P Blog
Brian Wolfman blogged yesterday about a Washington Post story pointing out that fish oil supplements are being marketed to consumers to lower the risk of heart disease despite the absence of scientific evidence bearing out their effectiveness. The FDA allows... Continue reading
Posted Jul 10, 2015 at CL&P Blog