Author Archives: Brian Wolfman

New Ninth Circuit ruling on Federal Arbitration Act preemption

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 […]

Covid-related tort claims against nursing homes

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 […]

New article on the right of access to court records

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 […]

Learn about the enhanced child tax credit and its enormous benefits for consumers

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 […]

Second Circuit holds that private student loans may be discharged in bankruptcy

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 […]

The CFPB is turning 10; celebrate and hear Elizabeth Warren

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 […]

Complex litigation and best practices for managing it

Many of our readers are consumer lawyers. Many of them handle complex, aggregated litigation, so they may be interested in Collected Wisdom on Selecting Leaders and Managing MDLs by law professor Elizabeth Burch and U.S. district judge Stephen Bough. Here is the abstract: Today, nearly one out of every two new suits filed in federal […]