Author Archives: Brian Wolfman

Supreme Court strongly reaffirms 2009 no-preemption decision in Wyeth v. Levine

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 justices. Justice Breyer described the issues this way: We stated in Wyeth v. Levine that state […]

Former CFPB director Richard Cordray opposes the draft Restatement of the Law of Consumer Contracts

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 by the ALI's membership. Here are excerpts from Cordray's letter: I write to express deep […]

Investigation shows that things unrelated to driving record — such as sex and zip code — can jack up car insurance rates

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 own your home. Read this Sun-Times article by Stephanie Zimmerman for more details. 

A proposal to provide, under current law, some bankruptcy relief to student-loan debtors

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 in bankruptcy on a no-contest basis): Over 44 million Americans owe more than 1.4 trillion […]

23 state AGs urge American Law Institute to reject draft Restatement of the Law of Consumer Contracts

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 illusory benefits." Read the AGs' letter here. For our other recent coverage of the draft […]

Opposition to the draft Restatement of the Law of Consumer Contracts

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 law on, among other things, the take-or-leave-it contracts that we "agree to" every day and […]

The National Consumer Law Center on racial and ethnic disparities in buying and using cars

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 America, a car provides not only physical mobility but also economic mobility. Yet for years, […]

Sandy Hook, gun-maker liability, and state consumer-protection law

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 Connecticut Supreme Court's recent decision in Soto v. Bushmaster Firearms (concerning the prospect of liability for […]