Author Archives: Brian Wolfman

Truth in Lending Act recission case set for oral argument on Tuesday

In light of our post earlier today, I'm reminding our readers that Jesinoski v. Countrywide Home Loan is scheduled for oral argument in the Supreme Court next Tuesday, November 4. Here's the question presented: Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 by “notifying the […]

How does a consumer exercise her right to recission under the Truth in Lending Act?

The Truth in Lending Act gives consumers the right to rescind many (but not all) consumer-credit transactions under specified circumstances. The courts have disagreed over how a consumer must notify the lender that she is exercising her recission right. That's the topic of Avoiding the Nuclear Option: Balancing Borrower and Lender Rights Under the Truth […]

Liability (or not) for injuries from generic drugs

Following up on our recent post about whether state law permits brand-name drug manufacturers to be held liable for injuries caused by mislabeled generic drugs, take a look at Who (If Anyone) Should Be Liable for Injuries from Generic Drugs? by law professors Ezra Friedman and Abraham Wickelgren. Here is the abstract: Two recent Supreme […]

Alabama Supreme Court and Sixth Circuit weigh in on whether plaintiffs injured by generic drugs may recover from brand-name drug manufacturers

Back in January 2013, we told you about the ruling of the Alabama Supreme Court in Wyeth v. Weeks. Weeks held that, under Alabama state law, a patient harmed by a generic drug may recover from the brand-name drug manufacturer (on whose branded drug the generic drug is based) for failing to warn about the […]

Employment rights and arbitration

Law professor Imre Szalai has written More than Class Action Killers: The Impact of Concepcion and American Express on Employment Arbitration. Here is the abstract: This Article highlights how two recent U.S. Supreme Court decisions, AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant, although involving class actions, could impact individual […]

CFPB issues final rule on annual privacy disclosures

The Consumer Financial Protection Bureau has issued this final rule concerning the requirement that financial institutions provide an annual disclosure of their privacy policies to their customers. In some situations, financial institutions will be able to post the information online rather than provide them individually to customers, but only if the institution informs consumers annually […]

Does multi-district litigation violate the due-process rights of plaintiffs swept into it?

Law professor Martin Redish and law student Jullie Karaba think so, as they explain in One Size Doesn't Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism. Here is the abstract: Panel of federal judges regularly transfers cases which may share no more than one common issue from federal districts all over […]