Author Archives: Brian Wolfman

13 tax law scholars/practitioners say that, among its other grave problems, republican tax bill will add more than $1 trillion to the deficit over next decade

Read The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the New Legislation, by 13 tax law scholars/practitioners. Here is the abstract: This report describes various tax games, roadblocks, and glitches in the tax legislation currently before Congress. The complex rules proposed in the House and Senate bills will allow new tax games and […]

Ninth Circuit rejects First Amendment petition clause challenge to arbitration agreement, saying that private party’s conduct is not attributable to the state (for purposes of the “state action” doctrine)

Take a look at the Ninth Circuit's decision today in Roberts v. AT&T Mobility. Here's the court's description of the dispute: Plaintiffs—AT&T customers and putative class representatives—contracted with AT&T for wireless data service plans. Their contracts included arbitration agreements. Plaintiffs allege AT&T falsely advertised that its mobile service customers could use “unlimited data,” but actually “throttled”—intentionally slowed […]

Article on the practical implications of the Supreme Court’s decision in Bristol-Myers Squibb

Law profs Andrew Bradt and D. Theodore Rave have written Aggregation on Defendants' Terms: Bristol-Myers Squibb and the Federalization of Mass Tort Litigation. Here is the abstract:  Although it is destined for the personal-jurisdiction canon, the Supreme Court’s 8-1 decision in Bristol-Myers Squibb v. Superior Court does little to clarify that notoriously hazy doctrine. It does, […]

Professor Chris Peterson’s study on why the republican version of the CFPB — contained in the Financial Choice Act of 2017 — would be bad for consumers

If you want to learn what the CFPB would look like if republican plans to defang it were enacted, law prof Chris Peterson has done a study for you: Choosing Corporations Over Consumers: The Financial Choice Act of 2017 and the CFPB. Here is the abstract: The Consumer Financial Protection Bureau (CFPB) is the U.S. Government’s […]

Federal district court rules, at TRO stage, that Mulvaney (not English) is the Acting CFPB head

This article by C. Ryan Barber says that  U.S. Justice Department lawyers convinced [U.S. district judge Timothy] Kelly that the Federal Vacancies Reform Act should control the outcome of the leadership dispute. That law gives the president wide authority to install Senate-confirmed acting heads at executive agencies. Kelly said the text of the vacancies law applies […]