At SCOTUS blog. The headline: Justices appear divided over treatment of stale claims in consumer bankruptcies
Category Archives: U.S. Supreme Court
SCOTUSblog has more here. The case is Henson v. Santander Consumer USA, Inc.
Todd J. Zywicki of George Mason, and Geoffrey A. Manne and Kristian Stout, both of the International Center for Law and Economics, have written Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws. Here is the abstract: During the past decade, academics — predominantly […]
Here. Excerpt: * * * Title X of the Dodd-Frank Act * * * gives the agency explicit authority to pursue its own litigation up to and including the Circuit Court level. But when it comes to the Supreme Court, the law says the CFPB must first file a written request to the U.S. Attorney General […]
Just in time for the Supreme Court's oral argument on Tuesday in Wells Fargo v. Miami, Suffolk's Kathleen Engel, an important thinker on consumer law, has written Local Governments and Risky Home Loans, 69 Southern Methodist University Law Review 609. Here is the abstract: Municipalities from the Central Valley in California to Upstate New York bear the […]
The case is Midland Funding, LLC v. Johnson. SCOTUSBlog describes the issues as: (1) Whether the filing of an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices Act; and (2) whether the Bankruptcy Code, which governs the filing of proofs of claim in bankruptcy, […]
SCOTUSblog has more on the case here. CL&P Blog's co-coordinator Deepak filed the cert petition. Clarification: Brian Wolfman points out that it would be more precise to describe the issue as to how the surcharge ban can be described without violating the first amendment.
SCOTUSBLOG coverage here and here. Reuters reports here. The Reuters lead reads: "The U.S. Supreme Court on Tuesday agreed to decide whether Miami can pursue lawsuits accusing major banks of predatory mortgage lending to black and Hispanic home buyers resulting in loan defaults that drove down city tax revenues and property values." HousingWire has more […]
by Jeff Sovern Yesterday the Supreme Court decided the Sheriff case. One oddity about the case has to do with whether immaterial misrepresentations give rise to liability under the FDCPA. Several circuits have held that misrepresentations have to be material to generate FDCPA liability. See, e.g., Donohue v. Quick Collect, Inc., 562 F.3d 1027 (9th […]