Here's how the Eighth Circuit, in its brand-new decision, McCoy v. Walmart, described the merits of the consumer class action before it: "Debbie McCoy purchased Walmart gift cards as Christmas presents. The cards turned out to be worthless, however, because one had been deactivated and the other had no balance remaining. McCoy, seeking to represent […]
Author Archives: Brian Wolfman
The Ninth Circuit issued a decision today in Chamber of Commerce v. Bonta. The Ninth Circuit write summaries of its opinions for public consumption. As the Ninth Circuit puts it, a summary "constitutes no part of the opinion of the court. It [is] prepared by court staff for the convenience of the reader." The following […]
Following up on Jeff's post from yesterday about my colleague Alvaro Bedoya's nomination to the FTC, for more information go here and here.
Law prof Betsy Grey Against Immunizing Nursing Homes about when nursing homes should be liable for covid-related tort claims. Here's the abstract: Nursing homes and other long-term care facilities account for approximately one third of the over 500,000 Covid-19 deaths in the United States. Facing liability from that widespread harm, the facilities have sought immunity […]
The Consumer Financial Protection Bureau has created this web page describing a variety of programs and strategies for financial protection during the pandemic.
Jordan Elias as written 'More Than Tangential': When Does the Public Have a Right to Access Judicial Records? Here is the abstract: Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason. The Ninth Circuit […]
The Tax Policy Center — a project of the Urban Institute and Brookings — has produced this informative paper on the new, expanded child tax credit, which is a part of the American Rescue Plan. The Tax Policy Center estimates that 92 percent of families with children will get an average child tax credit of […]
The Sixth Circuit just ruled that the Center for Disease Control's eviction moratorium is unlawful because it lacks any basis in the statute that the government says authorizes it. Read the decision here.
As you may know, most student loans are notoriously difficult to discharge in bankruptcy. But not all loans, according to In re Hilal K. Homaidan (CA2 July 15, 2021). In that decision, the Second Circuit has joined the Fifth and Tenth Circuits and held that private student loans are dischargeable in bankruptcy. The exceptions to […]
Americans for Financial Reform, the Public Interest Research Group, the Center for Responsible Lending, the National Consumer Law Center, the Consumer Federation of America, National Association of Consumer Advocates, New Jersey Citizen Action, the Woodstock Institute and the Leadership Conference on Civil & Human Rights is commemorating the 10th anniversary of the creation of the […]