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.
Author Archives: Brian Wolfman
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 […]
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 […]
That's the title of this article by LA Times consumer reporter David Lazarus, who explains that "Rohit Chopra is expected to receive the U.S. Senate’s blessing any day now to become the new head of the Consumer Financial Protection Bureau. His job will be to restore credibility to a watchdog agency that was largely sidelined during […]
Some lawyers (I'll call them "objecting lawyers") say that they got wind of an effort by Monsanto to pay a tort plaintiff to appeal a claim that the plaintiff lost in federal district court. Why? According to the objecting lawyers, because Monsanto wants to keep the case alive to try to obtain a Monsanto-favorable federal-preemption […]
The first paragraph of the Court's unanimous opinion in AMG Capital Management v. FTC sums it up: Section 13(b) of the Federal Trade Commission Act authorizes the Commission to obtain, “in proper cases,” a “permanent injunction” in federal court against “any person, partnership, or corporation” that it believes “is violating, or is about to violate, […]
Then go to Covid Coverage Litigation Tracker, which is run by U. Penn and U. of Connecticut law schools. To read more about the establishment of the tracker, go here.
Regulation of lawyers is supposed to protect the public. So, then, with the bar exam, which is supposed to protect consumers by keeping unskilled lawyers out of the market. Does it work? That's the topic of Safeguard or Barrier: An Empirical Examination of Bar Exam Cut Scores by Michael Frisby, Sam Erman, and Victor Quintanilla. […]
Consumer journalist David Lazarus of the LA Times has written We’re living in a golden age of scams as fraud reports surge amid pandemic. He notes that "[i]t’s been clear for months that the COVID-19 pandemic has been a once-in-a-lifetime opportunity for scammers, con artists and assorted slimeballs looking to cash in on this most […]