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Brian Wolfman
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Law prof Daniel Hemel (@DanielJHemel) has posted a detailed series of tweets skewering the tort-deform provisions in the Republican-sponsored coronavirus relief bill. I recommend reading these tweets. Hemel begins with the statement that "[t]he liability provisions in McConnell’s 'HEALS Act'... Continue reading
Posted Jul 28, 2020 at CL&P Blog
As the world races to find a safe and effective vaccine against COVID-19, note a study published today in the Annals of Internal Medicine. The study reviewed all vaccines approved by the Food & Drug Administration for the 20-year period... Continue reading
Posted Jul 28, 2020 at CL&P Blog
I thought our readers might want to look at an interesting new decision from the Third Circuit about common-law nuisance under Pennsylvania law. The decision is Baptiste v. Bethlehem Landfill Company. The first two paragraphs of the opinion offer a... Continue reading
Posted Jul 15, 2020 at CL&P Blog
Law prof Mark Budnitz has written The Restatement of the Law of Consumer Contracts: The American Law Institute's Impossible Dream. Here is the abstract: The American Law Institute has been attempting to write a Restatement of the Law of Consumer... Continue reading
Posted Jul 14, 2020 at CL&P Blog
Lots of folks are using hand sanitizer these days. Sometimes it is hard to find hand sanitizers on the shelves or on-line, and there might be an inclination to buy any brand you find. Because there are a bunch of... Continue reading
Posted Jul 8, 2020 at CL&P Blog
This article by Renae Merle discusses in detail the impending eviction crisis as eviction moratoriums begin to expire. Something has to be done to help tenants in crisis, and it can't be extending the patchwork of moratoriums, which doesn't deal... Continue reading
Posted Jul 8, 2020 at CL&P Blog
The Trump campaign infamously demanded a liability waiver from people attending Trump's rally in Tulsa last weekend. Now, law prof Heidi Li Feldman has penned an op-ed for the LA Times entitled Your college may ask you to sign a... Continue reading
Posted Jun 25, 2020 at CL&P Blog
Read The Trump Administration’s Attacks on Regulatory Benefits by law prof RIchard Revesz. Here's the abstract: For the last four decades, benefit-cost analysis has been a mainstay of the U.S. federal regulatory process and, under Executive Orders in effect since... Continue reading
Posted Jun 22, 2020 at CL&P Blog
As has been widely reported, if you want to register for tickets to attend Trump's June 19 rally in Tulsa, you have to say that you won't hold the Trump campaign and others liable for Covid-19-related injuries. Go here to... Continue reading
Posted Jun 12, 2020 at CL&P Blog
Law prof Brian Fitzpatrick has written Why Class Actions Are Something both Liberals and Conservatives Can Love, which does a number of interesting things including defend the class-action cy pres doctrine. Here's the abstract: In Professor Redish’s review of my... Continue reading
Posted Jun 5, 2020 at CL&P Blog
Posted May 20, 2020 at CL&P Blog
Read this article by Katy O'Donnell at Politico about the CFPB's activities during the health crisis. Here's an exerpt: The Consumer Financial Protection Bureau is relaxing rules designed to shield Americans from abuse during the coronavirus crisis, saying the moves... Continue reading
Posted May 19, 2020 at CL&P Blog
That's disturbing. Read the May 1, 2020 article entitled States Are Suspending Public Records Access Due to COVID-19 by reporter Colin Lecher. HT Erin Caroll (@erinccarroll13). Continue reading
Posted May 18, 2020 at CL&P Blog
Read the Third Circuit's decision in Fischbein v. Olson Research Group. The beginning of the court's majority opinion explains the holding: In this pair of appeals, we are asked to decide whether faxes soliciting participation by the recipients in market... Continue reading
Posted May 18, 2020 at CL&P Blog
Law prof Brian Galle has written If Not Now, When: Why Won’t Universities Spend Their Money? In it, he explains why well-heeled universities should not curtail spending during economic downturns. Rather, he says, it makes sense for those schools to... Continue reading
Posted May 10, 2020 at CL&P Blog
Read U.S. Treasury Must Protect Stimulus Payments From Garnishment by Debt Collectors from the National Consumer Law Center. Here's an excerpt: The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides for payments to individuals up to $1,200 so that... Continue reading
Posted Apr 1, 2020 at CL&P Blog
The Consumer Financial Protection Bureau has posted Protecting your finances during the Coronavirus Pandemic. Continue reading
Posted Mar 26, 2020 at CL&P Blog
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Jacqueline Howard of CNN explains here that "the US Food and Drug Administration issued a final rule Tuesday that requires tobacco companies to place new graphic health warnings on cigarette packages and in advertisements. Beginning on June 18, 2021, the... Continue reading
Posted Mar 17, 2020 at CL&P Blog
Trump tweeted yesterday that "Only [suspending the payroll tax] will make a big difference!" (my emphasis). Yet Congress appears uninterested. And Trump himself just endorsed Nancy Pelosi's bill, which doesn't touch the payroll tax. For more on why, on policy... Continue reading
Posted Mar 14, 2020 at CL&P Blog
Will Trump sign or veto? That topic is addressed in this article by CNN's Katie Lobosco. For other coverage, go here and here. This NYT's piece by Erica Green and Stacy Cowley does a nice job explaining the restrictive DeVos... Continue reading
Posted Mar 11, 2020 at CL&P Blog
The National Consumer Law Center has issued this press release, entitled "CFPB Fails to Protect Consumers From Abusive Collection of Time-Barred Debts (Again)," which, among other things, castigates the CFPB for failing to flat-out "ban collection of time-barred debt in... Continue reading
Posted Feb 24, 2020 at CL&P Blog
Law profs Dalie Jimenez and Jonathan Glater have written Student Debt is a Civil Rights Issue: The Case for Debt Relief and Higher Education Reform for the Harvard Civil Rights-Civil Liberties Law Review. Here is the abstract: For an ever-growing... Continue reading
Posted Feb 18, 2020 at CL&P Blog
The Consumer Financial Protection Bureau has published Five ways to recognize a Social Security scam. Last summer, the agency warned in this short memo about the increasing number of scams aimed at getting social-security numbers or benefits. It explained how... Continue reading
Posted Feb 18, 2020 at CL&P Blog
Isn't that why the HR director at Wells Fargo, in explaining why his company was getting rid of forced arbitration of sexual-harassment claims, observed that "Wells Fargo has zero tolerance for sexual harassment"? So, for really bad stuff, it's only... Continue reading
Posted Feb 12, 2020 at CL&P Blog
Law prof CJ Ryan has written Paying for Law School: Law Student Loan Indebtedness and Career Choices. Here is the abstract: Student loan debt has reached crisis levels, topping $1.64 trillion dollars this year and surpassing credit card debt to... Continue reading
Posted Feb 12, 2020 at CL&P Blog