Author Archives: Scott Michelman

What the “cliff” means to you

With all the rhetoric swirling around the debate over the fiscal cliff and the consequences of "going over," I found this interactive feature from the Washington Post quite enlightening — it enables the user to calculate how the outcome of the fiscal cliff negotiations will affect particular households based on household composition and income. An […]

Mortgage tax break up for debate in fiscal cliff talks

In the fiscal cliff negotiations, a lot is on the table. One policy formally viewed as untouchable but now up for discussion, the Washington Post reports, is the mortgage-interest deduction, which is designed to encourage home ownership but has been criticized as responsible for inflating home prices and benefiting the wealthy disproportionally. The Post story […]

Supreme Court to consider practice of “picking off” plaintiffs in FLSA collective actions

Keep an eye on this case, which raises the question whether a defendant in a wage and hour case can make an offer of judgment under Rule 68 to the named plaintiff in a putative collective action under the Fair Labor Standards Act and thereby render the case moot whether the plaintiff accepts the offer […]

Company’s case against Consumer Product Safety Commission sealed and decided based on secret proceedings; Public Citizen appeals

Pursuant to congressional mandate, since March 2011 the Consumer Product Safety Commission (CPSC) has maintained an electronic database of reports of harm associated with consumer products. This database serves a crucial function in helping alert consumers to dangerous products; before the database existed, as Public Citizen has reported, the CPSC took on average more than […]

States join challenge to Dodd-Frank

Continuing what seems to have become a trendy move for Republican attorneys-general, the states of Michigan, Oklahoma, and South Carolina are joining a legal challenge to another signature Obama law. Here's a helpful summary from the Blog of Legal Times: Three states have joined a lawsuit challenging the constitutionality of the Dodd-Frank Act, complaining that […]