Author Archives: Brian Wolfman

Former student’s consumer deception suit against her law school about to start

The downturn in the legal market brought a raft of suits against law schools by former students asserting that the schools took the students' money (or caused the the students to run up educational debts) while exaggerating their graduates' job prospects. Most of these suits were thrown out on pre-trial motions. But one trial — […]

What should the Supreme Court do when there’s a tie vote?

Justice Scalia's death has made it likely that some cases accepted for review by the Supreme Court will result in a tie vote. For instance, some observers think that Spokeo Inc. v. Robins, an important consumer-protection case currently before the Court, might split 4 to 4. So, you may be interested in a new article by law prof Justin […]

The Supreme Court, class actions, and Rule 23 “ascertainability”

This article by Amanda Bronstad discusses the Supreme Court's recent denial of review of a class-action decision from the Seventh Circuit concerning whether Rule 23 contains a heightened "ascertainability" requirement. Bronstad's article asks whether the Court's refusal to hear the case is related to Justice Scalia's absence. For one perspective on (and a description of) "ascertainability," go here.

DNC Chair Wasserman Shultz wants to derail CFPB’s efforts to regulate payday lenders

According to this article by Zach Carter, "Democratic National Committee Chair Rep. Debbie Wasserman Schultz (D-Fla.) … is co-sponsoring a new bill that would gut the [Consumer Financial Protection Bureaus's] forthcoming payday loan regulations. She's also attempting to gin up Democratic support for the legislation on Capitol Hill[.]" Here's an excerpt: The misleadingly titled Consumer Protection and Choice […]

FDA’s plan to combat opioid addiction

Opioids include morphine, heroin, codeine, oxycodone, and hydrocodone. Many opioids are available by prescription to treat pain. Addiction to these drugs is on the rise. (Addiction to the illegal opioid heroin also is on the rise.) Earlier this month, the federal Food and Drug Administration released its plan to reduce abuse of prescription opioids. Read about the […]