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Brian Wolfman
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Regulation of lawyers is supposed to protect the public. So, then, with the bar exam, which is supposed to protect consumers by keeping unskilled lawyers out of the market. Does it work? That's the topic of Safeguard or Barrier: An... Continue reading
Posted Mar 19, 2021 at CL&P Blog
Consumer journalist David Lazarus of the LA Times has written We’re living in a golden age of scams as fraud reports surge amid pandemic. He notes that "[i]t’s been clear for months that the COVID-19 pandemic has been a once-in-a-lifetime... Continue reading
Posted Feb 22, 2021 at CL&P Blog
Law profs Stephen Burbank and Sean Farhang have written Class Certification in the U.S. Courts of Appeals: A Longitudinal Study. Here is the abstract: There is a vast literature on the modern class action, but little of it is informed... Continue reading
Posted Feb 3, 2021 at CL&P Blog
Following up on Jeff's post about prez-elect Biden's plans to nominate Rohit Chopra to direct the Consumer Financial Protection Bureau, take a look at reporting that is not behind a paywall: here, here, here, and here. For an large aggregation... Continue reading
Posted Jan 18, 2021 at CL&P Blog
That's addressed by law prof Abbye Atkinson in her article Borrowing Equality. Here is the abstract: For the last fifty years, Congress has valorized the act of borrowing money as a catalyst for equality, embracing the proposition that equality can... Continue reading
Posted Jan 12, 2021 at CL&P Blog
The Consumer Financial Protection Bureau today issued a final rule implementing the Fair Debt Collection Practices Act. All the materials can be found here. Continue reading
Posted Dec 18, 2020 at CL&P Blog
That's the question addressed in Employer Liability for 'Take-Home' COVID-19 by Mark Rothstein and Julia Irzyk (forthcoming in the Journal of Law, Medicine & Ethics). Here is the abstract: Workplace exposure to SARS-CoV-2 has been a source of morbidity and... Continue reading
Posted Dec 18, 2020 at CL&P Blog
48 consumer, civil rights, and public interest groups just submitted detailed comments to the Consumer Financial Protection Bureau’s on how to improve enforcement of the prohibitions against discrimination in the extension of consumer credit under the Equal Credit Opportunity Act... Continue reading
Posted Dec 17, 2020 at CL&P Blog
The immunity provided to internet platforms by section 230 of Communications Decency Act is a hot topic these days. Gregory Dickenson has written Rebooting Internet Immunity. Here is the abstract: We do everything online. We shop, travel, invest, socialize, and... Continue reading
Posted Dec 11, 2020 at CL&P Blog
Law prof Betsy Grey and law student Samantha Orwoll have written Tort Immunity in the Pandemic. Here is the abstract: A fundamental premise of our common law tort system is that the risk of liability will help deter unsafe behavior.... Continue reading
Posted Nov 25, 2020 at CL&P Blog
That's the topic of The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions by law prof Linda Mullenix. Here is the abstract: In enacting the Class Action Fairness Act of 2005, Congress intended to expand access... Continue reading
Posted Nov 24, 2020 at CL&P Blog
On the potential importance of state constitutional law: The Supreme Court of Washington has just held that the statutory exclusion of dairy workers from state overtime protections violates the state constitution. Read Martinez-Cuevas v. Deruyter Brothers Dairy. HT to Charlotte... Continue reading
Posted Nov 5, 2020 at CL&P Blog
The FDA has issued warning letters to two companies -- Griffo Botanicals and Prairie Dawn Herbs -- telling them to stop promoting non-FDA-approved herbal products "to mitigate, prevent, treat, diagnose, or cure COVID-19." These letters include this language: FDA is... Continue reading
Posted Oct 10, 2020 at CL&P Blog
Yesterday, in Johnson v. NPAS Solutions, the Eleventh Circuit held that so-called "incentive" or "service" awards to named class-action plaintiffs are unlawful. That is, in a class-action settlement, a named plaintiff may not be paid extra money (over and above... Continue reading
Posted Sep 18, 2020 at CL&P Blog
LA Times columnist Michael Hiltzik explains why "the FDA just had the worst day in its history." Hiltzik says: During a White House event Sunday, FDA Commissioner Stephen Hahn stood by silently in the face of an unsupported attack on... Continue reading
Posted Aug 24, 2020 at CL&P Blog
Last Wednesday, the Ninth Circuit issued a 2-to-1 decision in Rittman v. Amazon, holding that Amazon "last-mile" delivery drivers are transportation workers engaged in interstate commerce under 9 U.S.C. § 1 and, therefore, are exempt from the Federal Arbitration Act's... Continue reading
Posted Aug 24, 2020 at CL&P Blog
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