Author Archives: Brian Wolfman

Post by Steve Schultze on PACER fees decision

In a detailed and informative post entitled Judge Declares Some PACER Fees Illegal but Does Not Go Far Enough, open-courts activist Steve Schultze says explains that Five years ago, in a post called “Making Excuses for Fees on Electronic Public Records,” I described my attempts to persuade the federal Judiciary to stop charging for access […]

As Trump and Pruitt prepare to roll back the Obama era fuel-economy standards, will EPA go to war with the Nation of California (which wants to stick with the more stringent standards)?

Many of our readers no doubt have read that Scott Pruitt (EPA head and climate change denier) is planning to scrap the Obama Administration's fuel-economy targets aimed at making cars more fuel efficient (and, in turn, having some positive effect on climate change). This article by Evan Halper explains that California plans to stick with the higher […]

New study on forced workplace arbitration

The National Employment Lawyers Association Institute has just released this report about forced arbitration in the workplace. Here's how the Institute describes the report: Authored by Loyola University New Orleans College of Law Prof. Imre S. Szalai, this groundbreaking report finds that 80 percent of Fortune 100 companies use arbitration in their employment documents, nearly half of […]

When the airlines play by the rules — and don’t drag you off an overbooked plane — consumers may have some bargaining power

This article by Hugo Martin explains: The smartphone video that went viral last year showing a United Airlines passenger being dragged out of an overbooked flight prompted several large airlines to vow to end or dramatically reduce the number of passengers denied a seat. The nation's airlines have made good on that promise. *** or its part, […]

Let’s get real about Munger Tolles’s mandatory arbitration controversy. Or, put differently, will we see Munger Tolles partners lobbying for passage of the Arbitration Fairness Act?

As you may know, the Munger Tolles law firm has backtracked on its effort to force summer associates to sign mandatory, pre-dispute arbitration agreements with the firm. Given the "me too" movement, the firm certainly had a PR problem on its hands. As this article by Meghan Tribe explains: Munger, Tolles & Olson reacted swiftly Sunday afternoon after news of […]

Supreme Court says class actions under Securities Act of 1933 are for state courts

The result today in Cyan v. Beaver County Employees Retirement Fund is interesting, particularly given the legislative trend to provide forum choice to defendants in aggregate litigation (which usually means federal court, because big companies generally prefer federal court). The issues and the Supreme Court's unanimous holding are crisply stated in the first paragraph of Justice Kagan's […]

Why are democrats helping Trump dismantle Dodd-Frank? Read all about it.

That's the title of this article by Mike Konzcal. Then, read this article in The Hill explaining that "[t]he battle pits moderate Democrats up for reelection this year in states such as Missouri, West Virginia, North Dakota and Montana against Sen. Elizabeth Warren (D-Mass.) and other progressives, and comes as the party braces for primary fights between the left and […]