Author Archives: Brian Wolfman

“Issue” class actions in mass-tort multi-district litigation

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 of tort actions sent their way by the JPML. Even the badges and incidents of […]

Proposal regarding litigation finance

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 or for some other motivation. Some estimates placed the size of the litigation finance market […]

Read about Office Depot’s scam to fix infected computers that were not infected and needed no fixing

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 any wrongdoing, Office Depot and California-based Support.com have agreed to pay $35 million to settle the […]

CFPB issues its annual report about consumer complaints

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 the CFPB's response to them in 13 categories: credit or consumer reporting, debt collection, mortgages, […]

New Federal Housing Administration mortgage underwriting standard

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. Large numbers of applications could be turned down in the coming months as a result. Industry […]

CFPB seeking applications for spots on its advisory committees

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 Credit Union Advisory Council, and the Academic Research Council.  These advisory committees provide us with […]

Blaming the victim for “misusing” dangerous products

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 a product in a manner not specifically intended by that product's designer or manufacturer. If […]

FDA Commissioner Scott Gottlieb is quitting after about 2 years on the job

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 would resign at the end of the month.The reason he gave was family and his […]