Author Archives: Brian Wolfman

New Class Action Fairness Act Ruling from the Fourth Circuit

Last Thursday, In AP Optronics v. State of South Carolina, No. 11-254, the Fourth Circuit held that federal jurisdiction under the Class Action Fairness Act ("CAFA") was lacking because the State of South Carolina (and not its individual citizens) was the real party in interest in South Carolina's state-law antitrust action against the manufacturers of […]

ProPublica Article: Freddie Mac Wouldn’t Refinance Mortgages and Prevent Foreclosures. Why? It Wanted to Keep Its Profits High and Did Not Want to Stimulate the Economy.

This ProPublica article by Jesse Eisinger explains that, during the depths of the Great Recession, Freddie Mac would not lower consumers' interest rates because it wanted to keep its profits high. Here's an excerpt: Freddie Mac, the taxpayer-owned mortgage giant, made it harder for millions of Americans to refinance their high-interest-rate mortgages for fear it […]

More on the CFPB’s Jurisdiction

Recently, we've posted about the degree to which the Consumer Financial Protection Bureau (CFPB) should look out for the interests of the businesses it regulates (in a guest post by Rob Bramson) and the CFPB's assertion of jurisdiction over lawyers' activities in some situations (in a post noting the American Bar Association's opposition). Now, in […]

Will the Government’s Bank of America Mortgage Fraud Suit Deter Future Fraud?

Yesterday, we posted about the government's fraud suit against Bank of America. Today's Washington Post has this coverage, which quotes a former regulator who says that the suit is not big enough to deter future fraudulent conduct and who ties deterrence to the threat of jail time for bank executives: “This is an act of […]

Debt Collection Lawyers Now Under the CFPB’s Jurisdiction

Read about it in this National Law Journal article. Here's an excerpt: Big banks, little banks, credit card companies, student lenders – it seems like just about every player in the financial services industry has complained about the power of the Consumer Financial Protection Bureau. Now it's the lawyers' turn. On October 24, the CFPB […]

Is the LSAT Administered in Violation of the Americans With Disabilities Act?

Yes, according to the U.S. Department of Justice and the California Fair Employment Department. They have sued the Law School Admission Council claiming that it has violated the Americans Disabilities Act in administering the Law School Admissions Test. Karen Sloane explains here. Here's an excerpt: A 29-year-old congressional aide claims his dyslexia impairs his ability […]