The unanimous decision, by Chief Judge Wood, is Laurens v. Volvo Cars of N. America. Here's the beginning of the opinion, which sums things up quite nicely: The idea of a theme and variations is a common one in music. It should be in law, too. Here we return to the familiar theme of a defense effort […]
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NPR reports on the Trump Administration proposed rule to allow nursing homes to require new residents to agree to arbitration as a condition of admission. A rule issue under the Obama Administration barred nursing homes forced arbitration agreements for nursing homes, leaving it to the two sides to decide whether they preferred court or arbitration […]
Consumer Financial Protection Bureau Director Richard Cordray has an op-ed in the New York Times today, explaining the importance of the CFPB rule barring class-action bans in forced arbitration provisions.His conclusion: "A cherished tenet of our justice system is that nobody should escape accountability for breaking the law. Our rule restores consumers’ legal right to […]
That's the topic of Partisan Balance With Bite by law profs Brian Feinstein and Daniel Hemel. It struck me as timely. Here is the abstract: Dozens of multimember agencies across the federal government are subject to partisan balance requirements, which mandate that no more than a simple majority of agency members may hail from a single party. […]
Does the talc in baby powder cause ovarian cancer? A California jury thinks so. And, by a vote of 9 to 3, that jury today told Johnson & Johnson to pay $417 million to a woman with ovarian cancer. Read about it here, here, here, and here. One report notes that Johnson & Johnson, "which faces 5,500 […]
by Paul Alan Levy This morning we filed a motion for leave to intervene in the proceeding, now assigned to Chief Judge Robert Morin of the Superior Court for the District of Columbia, in which DreamHost has been opposing the implementation of a warrant for all files connected with the DisruptJ20 web site that carried […]
Jeff's coverage of conservatives who support the CFPB's arbitration rule (for instance, here and here) includes his re-post of Dean Clancy's recent U.S. News piece. You might also be interested in Clancy's earlier article that looked at the Wells Fargo scandal through the lens of pre-dispute, mandatory arbitration clauses.
Read Why Limits on Contributions to Super PACS Should Survive Citizens United by Albert Alschuler, Laurence Tribe, Norman Eisen, and Richard Painter. Here is the abstract: Soon after the Supreme Court decided Citizens United v. FEC, the D.C. Circuit held all limits on contributions to super PACs unconstitutional. Its decision in SpeechNow.org v. FEC created a regime […]
Take a look at this image of a cell-phone displaying the registration page for the Uber ride-sharing app: If you enter your credit card information and hit "REGISTER," have you given up your right to bring a class action against Uber if you think it has engaged in illegal price fixing? Yes, says the […]
From The Hill: The public has filed over 20 million comments to the Federal Communications Commission over its plan to scrap the net neutrality rules. It's a record for FCC comments and more than five times the number filed on the agency's previous net neutrality proposal in 2015. The comments on that plan held the […]