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Brian Wolfman
Recent Activity
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 4 days ago 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
This article by Kenneth Harney explains the new standards: First-time and move-up home buyers with heavy debt loads, low credit scores and small down payments face a daunting new mortgage hurdle: The Federal Housing Administration is toughening its underwriting standards.... Continue reading
Posted Mar 31, 2019 at CL&P Blog
The Consumer Financial Protection Bureau seeks applications for spots on its advisory committees: To be sure that we hear from a variety of experts with diverse viewpoints, we set up the Consumer Advisory Board, the Community Bank Advisory Council, the... Continue reading
Posted Mar 21, 2019 at CL&P Blog
Consumer Product Safety Commission commissioner Robert Adler and law prof Andrew Popper have written The Misuse of Product Misuse: Victim Blaming at Its Worst. Here is the abstract: This paper addresses the legal consequences that surface when a consumer uses... Continue reading
Posted Mar 11, 2019 at CL&P Blog
Here is the opening of the New York Times article on Gottlieb's resignation: Scott Gottlieb, the commissioner of the Food and Drug Administration, known for his aggressive efforts to regulate the tobacco and e-cigarette industries, said on Tuesday that he... Continue reading
Posted Mar 6, 2019 at CL&P Blog
This article by Stuart Singer discussed how one company has a program to help students pay off their student loans. According to the Federal Reserve, outstanding student-loan debt was $1.57 trillion in 2018, more than triple the $487 billion in... Continue reading
Posted Mar 5, 2019 at CL&P Blog
Electric scooters have simply showed up on the streets, placed there by profit-seeking companies, largely or entirely unregulated. Read this story by Sharon Jayson concerning an investigation into the large number of injuries caused by e-scooters currently underway at the... Continue reading
Posted Mar 4, 2019 at CL&P Blog
Bryan Casey has written Robot Ipsa Loquitur. Here is the abstract: Accidents are becoming automated. From self-driving cars to self-flying drones, robots are increasingly colliding with the world. And one of the most pressing questions raised by these technologies —... Continue reading
Posted Mar 4, 2019 at CL&P Blog
The Consumer Product Safety Commission has created a recall app for your mobile phone allowing easy tracking of federal consumer product safety recalls. Get the app here. Continue reading
Posted Mar 3, 2019 at CL&P Blog
Last week, the National Consumer Law Center's Chi Chi Wu testified before the House Financial Services Committee on continuing serious problems plaguing the credit reporting industry, including its failure to ensure the accuracy of credit reports. Among other things, the... Continue reading
Posted Mar 3, 2019 at CL&P Blog
Read this article by Renae Merle entitled How a payday lending industry insider tilted academic research in its favor. It explains how payday-loan industry lobbyists bought (and sometimes wrote) research from supposedly independent academics purporting to show that payday loans... Continue reading
Posted Mar 3, 2019 at CL&P Blog
The Supreme Court has granted review in Rotkiskie v. Klemm. The question presented in the 8-page (!) petition for a writ of certiorari is whether the “discovery rule” applies to toll the one (1) year statute of limitations under the... Continue reading
Posted Feb 27, 2019 at CL&P Blog
That's the name of this story by Elizabeth Dwoskin. Here's an excerpt: Last May, officials in Midlothian, Texas, a city near Dallas, approved more than $10 million in tax breaks for a huge, mysterious new development across from a shuttered... Continue reading
Posted Feb 19, 2019 at CL&P Blog
Law profs Charlie Silver, David Hyman, and Bernard Black have published Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and after HB 4. Note the study's findings in the abstract below: This article,... Continue reading
Posted Feb 18, 2019 at CL&P Blog
That's the topic of a bluntly-titled article -- Taxing Rich Dead People to Tackle Student Loan Debt -- by law prof Victoria J. Haneman. The abstract follows. (Note in particular the stats in the second paragraph of the abstract concerning... Continue reading
Posted Feb 18, 2019 at CL&P Blog
Law prof Rhonda Wasserman has written Ascertainability: Prose, Policy, and Process. "Ascertainability" is a judge-made doctrine about, among other things, whether a would-be class representative must prove that there is an administratively feasible means of identifying class members before the... Continue reading
Posted Jan 28, 2019 at CL&P Blog
Our readers might be interested in Excessive Drug Pricing as an Antitrust Violation by law prof Harry First. Here is the abstract: It is nearly four years since Martin Shkreli bought an off-patent drug named Daraprim and raised its price... Continue reading
Posted Jan 25, 2019 at CL&P Blog
Reporter Sarah Kliff explains that "[u]nder Trump, the number of uninsured Americans has gone up by 7 million," while Gallup has found that the "U.S. Uninsured Rate Rises to Four-Year High," at least in part because of Trump Administration policy... Continue reading
Posted Jan 23, 2019 at CL&P Blog
The Supreme Court today decided Henry Schein Inc. v. Archer and White Sales Inc., which presented the question "whether the Federal Arbitration Act permits a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if... Continue reading
Posted Jan 8, 2019 at CL&P Blog
The Supreme Court held argument yesterday in Merck Sharp & Dohme Corp. v. Albrecht. Here's the (loaded) question presented in Merck: Whether a state-law failure-to-warn claim is pre-empted when the Food and Drug Administration rejected the drug manufacturer's proposal to... Continue reading
Posted Jan 8, 2019 at CL&P Blog