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Brian Wolfman
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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 5 hours ago 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 10 hours ago 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 2 days ago 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 2 days ago 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
Yesterday, former Director of the Consumer Financial Protection Bureau Richard Cordray wrote to the Director of the American Law Institute Richard Revesz opposing the controversial draft Restatement of the Law of Consumer Contracts. The Restatement will be voted on tomorrow... Continue reading
Posted May 20, 2019 at CL&P Blog
An investigation by the Chicago Sun-Times found that "[y]ou could be a great driver, but still have to pay more [for car insurance] because of reasons unrelated to driving," such as sex, where you live, and whether you rent or... Continue reading
Posted May 17, 2019 at CL&P Blog
Law profs Matthew Bruckner, Brook Gotberg, Dalie Jimenez, and Chrystin Ondersma have written A No-Contest Discharge for Uncollectable Student Loans. Here is the abstract (complete with a list of circumstances in which, the authors say, student-loan debt should be discharged... Continue reading
Posted May 16, 2019 at CL&P Blog
Yesterday, 23 state attorneys general wrote to all members of the American Law Institute urging them to reject the draft Restatement of the Law of Consumer Contracts, calling it "an abandonment of important principles of consumer protection in exchange for... Continue reading
Posted May 15, 2019 at CL&P Blog
That's the topic of The New Food Safety by law profs Emily Leib and Margot Pollans. Here is the abstract: A safe food supply is essential for a healthy society. Our food system is replete with different types of risk,... Continue reading
Posted May 8, 2019 at CL&P Blog
The members of the American Law Institute are poised to vote on May 21 on whether to adopt, for the first time, a Restatement of the Law of Consumer Contracts. That's right: A Restatement that would purport to state the... Continue reading
Posted May 2, 2019 at CL&P Blog
John Van Alst of the National Consumer Law Center has written this comprehensive report entitled Time to Stop Racing Cars: The Role of Race and Ethnicity in Buying and Using a Car. Here is the executive summary: For many in... Continue reading
Posted May 1, 2019 at CL&P Blog
This study published today by the National Bureau of Economic Research finds that a 10% increase in the minimum wage and the Earned Income Tax Credit has a dramatic impact on the number of non-drug-related suicides among men and women... Continue reading
Posted Apr 29, 2019 at CL&P Blog
Take a good look at this easy-to-read, informative essay by law prof Heidi Li Feldman in the Harvard Law Review blog. In Why the Latest Ruling in the Sandy Hook Shooting Litigation Matters, Feldman explains that, among other things, the... Continue reading
Posted Apr 17, 2019 at CL&P Blog
Myriam Gilles and Gary Friedman have written Rediscovering the Issue Class in Mass Tort MDLs. Here's the abstract: For the past twenty-plus years, MDL transferee judges have essentially regarded the class device as unavailable as they struggle to organize masses... Continue reading
Posted Apr 8, 2019 at CL&P Blog
Read this new report by U.S. PIRG about how banks market debit cards on college campuses -- cards that come with significant fees. The gist is that banks pay colleges big bucks via "paid marketing agreements" that give the banks... Continue reading
Posted Apr 7, 2019 at CL&P Blog
Law prof Maya Steinitz has written Follow the Money? A Proposed Approach for Disclosure of Litigation Finance Agreements. Here is the abstract: Litigation finance is the new and fast-growing practice by which a non-party funds a plaintiff’s litigation either for-profit... Continue reading
Posted Apr 2, 2019 at CL&P Blog
Read Michele Singletary's column about the scam here. The allegations against Office Depot were not pretty, and, as SIngletary explains, the Federal Trade Commission has put an end to the fraudulent scheme. Here's the gist of it: Although not admitting... Continue reading
Posted Apr 2, 2019 at CL&P Blog
The Consumer Financial Protection Bureau has issued its 2018 Consumer Response Annual Report, which, as its name (sorta) suggests, reports on consumer complaints to the agency. The CFPB received about 330,000 complaints in 2018. The report discusses consumer complaints and... Continue reading
Posted Apr 1, 2019 at CL&P Blog