The Seventh Circuit today decided Collins v. Village of Palatine about when class-action tolling under the American Pipe doctrine stops. Here's the court's answer: When a plaintiff files a complaint on behalf of a proposed class, the statute of limitations for the claim is tolled for each member of the class. Am. Pipe & Constr. Co. v. […]
Author Archives: Brian Wolfman
The complaint makes class claims under California's consumer protection laws and for assault and battery. The beginning of the complaint provides an overview: I. Uber will stop at no lengths to make a profit. 2. Since Uber launched in 2010, thousands of female passengers have endured unlawful conduct by their Uber drivers including rape, sexual assault, physical […]
That's the topic of this piece by Jacklyn Willie (possibly behind a pay wall) which discusses this Chamber of Commerce amicus brief filed in an important Ninth Circuit appeal. The suit was filed against the University of Southern California by its employees over the legality of fees charged through USC's employee retirement plan. Willie explains that The central question […]
The Consumer Financial Protection Bureau today published these tips for service members with student debt.
It's often said that a class action makes sense as a tool for aggregating negative-value claims (claims that even if litigated successfully on an individual basis result in a loss to the plaintiff). In Deterrence and Aggregate Litigation, law prof Keith Hylton looks at positive-value claims and finds that optimal deterrence is served by class actions […]
Larry Kirsch and Gregory Squires have written Meltdown: The Financial Crisis, Consumer Protection, and the Road Forward. Here's how the authors describe the book's 5 key features: Presents the first comprehensive examination of the CFPB that identifies its successes during its first five years of operation and addresses the challenges the bureau now faces Exposes the alarming […]
In a decision penned by circuit judge Jeffrey Sutton, Roberts v. Mars Petcare US, Inc., No. 17-6122 (6th Cir. Nov. 2, 2017), the Sixth Circuit has held that there's no federal jurisdiction under the Class Action Fairness Act when a plaintiff class comprised of citizens of state A sue a defendant who is a citizen […]
Read Heading off a Cliff? by law prof Michael Gratz and then decide. It's concise and really worth reading. Here's the abstract: The major tax policy challenge of the 21st century is the need to address the nation’s fiscal condition fairly and in a manner conducive to economic growth. But since California adopted Proposition 13 nearly forty […]
The Consumer Financial Protection Bureau today issued this report on risky auto loans. The report finds that there is a pronounced trend toward longer, riskier auto loans. And the long-term, more costly loans are — not surprisingly — being take out by consumers with lower credit scores who are less likely than other consumers to be able […]