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 […]
Author Archives: Brian Wolfman
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 […]
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 […]
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.
That's addressed by law prof Abbye Atkinson in her article Borrowing Equality. Here is the abstract: For the last fifty years, Congress has valorized the act of borrowing money as a catalyst for equality, embracing the proposition that equality can be bought with a loan. In a series of bedrock statutes aimed at democratizing access to […]