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Brian Wolfman
Recent Activity
The Ninth Circuit has held, in Dorman v. Charles Schwab, that ERISA claims (brought in court in a class action) can be forced out of court and into individual arbitration through an arbitration clause in an amendment to an ERISA... Continue reading
Posted yesterday at CL&P Blog
Law profs Stephen Burbank and Sean Farhang have written Politics, Identity, and Class Certification on the U.S. Courts of Appeals, which asks whether there are associations between personal characteristics of appellate judges and the party of the presidents who appointed... Continue reading
Posted 4 days ago at CL&P Blog
The California Supreme Court today issued its unanimous decision in Noel v. Thrifty Payless Inc., which rejected a strict class-certification "ascertainability" requirement sometimes associated with decisions of the U.S. Court of Appeals for the Third Circuit. This paragraph sums up... Continue reading
Posted Jul 29, 2019 at CL&P Blog
That's the topic of The New Privity by law prof Alexi Lahav. I thought the article would be interesting to our readers, who (1) may be concerned about the Supreme Court's expanding due-process restrictions on where alleged corporate wrongdoers may... Continue reading
Posted Jul 26, 2019 at CL&P Blog
In In re the Home Depot Customer Data Security Breach Litig.,the Eleventh Circuit has held that when a defendant agrees to pay class-action fees in a class-action settlement, in an amount to be determined by the district judge, separate from... Continue reading
Posted Jul 25, 2019 at CL&P Blog
That's the topic of Commissioning the Consumer Financial Protection Bureau by law prof Jolina Cuaresma. Here's the abstract: There has been much debate over the Consumer Financial Protection Bureau’s lack of executive and congressional oversight: its single director removable only... Continue reading
Posted Jul 23, 2019 at CL&P Blog
The National Association of Consumer Advocates has created this series of five videos on debt defense. The videos educate ordinary consumers on how to deal with debt collection. Click on the links or on the embedded videos below to watch... Continue reading
Posted Jul 23, 2019 at CL&P Blog
As you'll recall, the Affordable Care Act (ACA) significantly expanded Medicaid -- the War on Poverty legislation that had, for decades, provided comprehensive medical insurance to (certain) poor people. Among other things, the ACA Medicaid expansion required state Medicaid programs... Continue reading
Posted Jul 22, 2019 at CL&P Blog
The Sixth Circuit held today in Keen v. Helson that because the Real Estate Settlement Procedures Act's text gives a right to sue only to a "borrower," someone who signs the mortgage but does not sign the mortgage loan with... Continue reading
Posted Jul 18, 2019 at CL&P Blog
This Washington Post article by Faiz Siddiqui explains that "Tesla is racing to be first to the market with a self-driving car made for the masses, promising to send as soon as this year an over-the-air software update that will... Continue reading
Posted Jul 17, 2019 at CL&P Blog
Our readers will want to read the Ninth Circuit's decision in Blair v. Rent-A-Center, written by Circuit Judge William Fletcher. Judge Fletcher's intro paragraph sums up the decision nicely: In McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017), the... Continue reading
Posted Jul 2, 2019 at CL&P Blog
Following up on our post a few days ago about the petition by #REPRESENT asking the Federal Trade Commission to investigate "surveillance scoring" -- where retailers use consumer information collected by data brokers to figure out how much to charge... Continue reading
Posted Jun 28, 2019 at CL&P Blog
The question presented in this brand-new cert petition is Whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers. Continue reading
Posted Jun 28, 2019 at CL&P Blog
Various consumer and health groups -- including the Consumer Federation of America, the American Institute for Cancer Research, the American Public Health Association, Breast Cancer Action, the Center for Science in the Public Interest, and the U.S. Alcohol Policy Alliance... Continue reading
Posted Jun 26, 2019 at CL&P Blog
Professors Brian Feinstein, Chen Meng, and Manisha Padi took a look at that question from one angle in State Attorneys General & Lender Behavior. Here is the abstract: The Dodd-Frank Act empowers state attorneys general to enforce, with limited exception,... Continue reading
Posted Jun 19, 2019 at CL&P Blog
That's the title of this ProPublica piece by Anjali Tsui and Alice Wilder. Among other things, this article explains that the payday loan industry's trade group has held its last two annual conventions at a Trump property while at the... Continue reading
Posted Jun 19, 2019 at CL&P Blog
In yesterday's opinion in Virginia Uranium, Inc. v. Warren, the Supreme Court held that a Virginia law banning uranium mining is not preempted by the Atomic Energy Act. The vote was 6 to 3, with the six Justices in the... Continue reading
Posted Jun 17, 2019 at CL&P Blog
In The Continuum of Aggregation, law prof Alexi Lahav discusses the commonalities in various types of aggregated litigation. Here is the abstract: This essay, written for a conference marking the fiftieth anniversary of the multidistrict litigation statute, 28 U.S.C. §... Continue reading
Posted Jun 17, 2019 at CL&P Blog
View it here or click on the embedded video below. Continue reading
Posted Jun 5, 2019 at CL&P Blog
I think our readers might be interested in The Rule of Law in Multidistrict Litigation by law prof David Noll. Here's the abstract: From the Deepwater Horizon disaster to the opioid crisis, multidistrict litigation -- or simply MDL --- has... Continue reading
Posted May 28, 2019 at CL&P Blog
The Supreme Court decided Home Depot v. Jackson, No. 17-1471, this morning about whether a third-party counterclaim defendant can remove a case to federal court under general federal removal provisions or under the Class Action Fairness Act's removal provision, 28... Continue reading
Posted May 28, 2019 at CL&P Blog
Law prof Mary J. Davis has written Time For a Fresh Look at Strict Liability for Pharmaceuticals. Here's the abstract: Over the ensuing 50 years from the promulgation of § 402A, products liability in general has seen a retrenchment from... Continue reading
Posted May 22, 2019 at CL&P Blog
In a 2-1 decision in DL v. District of Columbia, No. 18-7004 (May 21, 2019), authored by Judge David Tatel, the D.C. Circuit has rejected the federal and D.C. governments' efforts to cut the hourly rates payable for a lawyer's... Continue reading
Posted May 21, 2019 at CL&P Blog
State attorneys general have updated their letter opposing the draft Restatement of the Law of Consumer Contracts. The letter has now been signed by twenty-four AGs. Read the letter here. For our earlier post, on the AG letter, go here. Continue reading
Posted May 20, 2019 at CL&P Blog
The Supreme Court issued its decision today in Merck Sharp & Doehm v. Albrecht. Justice Breyer wrote the controlling opinion, representing the views of six Justices. Justice Alito wrote an opinion concurring in the judgment, representing the views of three... Continue reading
Posted May 20, 2019 at CL&P Blog