Author Archives: Adam Pulver

8th Circuit: FECA does not preempt Minnesota consumer protection law

After receiving consumer complaints about its use of pre-checked recurring-donation checkboxes, the Minnesota Attorney General sent subpoenas and a civil investigative demand to WinRed, a so-called “conduit” political action committee (PAC). WinRed sought a preliminary injunction against the investigation in federal district court, arguing that Minnesota’s consumer protection laws were preempted by the Federal Election […]

Second Circuit rejects latest Takings Clause challenge to rent stabilization

As noted in today’s Second Circuit opinion, there have been nearly a dozen constitutional challenges to New York’s rent regulation regime over the years. The court of appeals rejected the latest challenge, brought by Mayer Brown on behalf of landlords, arguing that the rent-stabilization laws were facially unconstitutional as physical takings and irrational in violation […]

DC Circuit finds CFPB Prepaid Rule did not violate ban on model clauses

In 2016, the CFPB issued a rule requiring certain disclosures for digital wallets and other prepaid accounts. Paypal challenged the rule as contrary to statute, unconstitutional, and arbitrary and capricious. The district court agreed with Paypal that the disclosure rules violated the EFTA ban on mandatory model clauses, and thus did not reach the other […]

Nursing home COVID claims to proceed to trial

Nursing homes across the country were a major center of COVID-19 outbreaks throughout 2020, and hundreds of lawsuits have been filed based on alleged inadequate infection control measures, brought by families of nursing home residents under tort law and state consumer protection statutes. So far, much of the litigation has focused on jurisdictional questions. Five […]

Third Circuit rejects J&J bankruptcy attempt to avoid liability to consumers

In a major decision today, the U.S. Court of Appeals for the Third Circuit rejected Johnson & Johnson’s attempt to use bankruptcy to strictly curtail its liability for claims that talc in its consumer products caused cancer. As the Court explained: With mounting payouts and litigation costs, [J&J’s] Old Consumer [entity], through a series of […]

District Court finds 2019 non-consummated settlement bars investigation of realtors group

In 2019, DOJ’s Antitrust Division opened an investigation into practices and policies of the National Association of Realtors (NAR) — the trade and lobbying group representing most of the nation’s real estate agents, brokers, and other professionals, and defendant in several earlier antitrust cases. Among the practices DOJ sought to investigate were NAR’s “clear cooperation […]

Fifth Circuit to consider e-cigarette marketing denial en banc

Tobacco companies have long fought regulatory action to protect consumer health and safety, and while there has been a shift from smokeable products to “e-cigarettes,” the legal battles continue. In 2016, the FDA issued a rule deeming e-cigarettes “new tobacco products,” and requiring manufacturers to submit premarket tobacco product applications (“PMTAs”) before they could sell […]