Author Archives: Brian Wolfman

“Biden, unlike Trump, thinks businesses shouldn’t be free to abuse consumers”

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 […]

READ ABOUT THIS: Objecting lawyers allege that Monsanto is paying a tort plaintiff to appeal a trial-court judgment *favorable* to Monsanto! Yes, you read that right.

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 […]

Supreme Court holds that monetary relief is unavailable under Section 13(b) of the Federal Trade Commission Act

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, […]

Does the bar exam protect the public or just punish would-be lawyers?

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 scams run wild during pandemic

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 […]

Read comprehensive study of appellate decisions on class certification, with discussion of impact of FRCP 23(f)

Law profs Stephen Burbank and Sean Farhang have written Class Certification in the U.S. Courts of Appeals: A Longitudinal Study. Here is the abstract: There is a vast literature on the modern class action, but little of it is informed by systematic empirical data. Mindful both that there have been few Supreme Court class certification […]

More on Biden’s pick to head the CFPB, Rohit Chopra

Following up on Jeff's post about prez-elect Biden's plans to nominate Rohit Chopra to direct the Consumer Financial Protection Bureau, take a look at reporting that is not behind a paywall: here, here, here, and here. For an large aggregation of Chopra's testimony, speeches, and articles at the Federal Trade Commission, go here.