The decision is Calpers v. ANZ Securities. The vote is 5 to 4, with Justice Kennedy writing the majority opinion, and Justice Ginsburg writing the dissent. Skipping all its nuances, the American Pipe rule provides generally that the statute of limitations for absent class members is tolled from the filing of a class-action complaint until the […]
Category Archives: Uncategorized
David Hilzenrath at the Project on Government Oversight reports here about what strikes me as a bunch of future disasters waiting to happen. An excerpt: When makers of medical devices learn that one of their products has malfunctioned in a way that could kill or seriously injure people, they are required to file a report with the […]
by Paul Alan Levy Ever since Eugene Volokh and I started writing last year about the phenomenon of “fake defamation litigation” — lawsuits filed to suppress online criticism while ensuring that the person whose speech is to be suppressed never has a chance to persuade the court not to issue an injunction — the greatest […]
I'm guessing that a lot of our readers already know about this. But if you don't, read about it here in Amy Howe's post at scotusblog. Here's an excerpt from her post: It is rare for the Office of the Solicitor General to change its position in a case before the Supreme Court after a change in […]
Mariateresa Maggiolino of Bocconi University has written Personalized Prices in European Competition Law. Here is the abstract: The advent of big data analysis techniques make personalized prices possible. This paper sketches a preliminary picture of this new phenomenon, first explaining how personalized prices flow from big data analysis, how personalized prices fit into the economic […]
That's David Leonhardt's position in this column. Here's how it starts: The Republican health care bill now sneaking its way through the Senate has a good chance of becoming law, even though it would do miserable damage. And it has a good chance partly because some of the bill’s most influential opponents have not had the […]
Go here to read the op-ed by law prof. Eric Segall, A couple questions for our readers: Would you have liked to watch the argument in the Fair Debt Collection Act just decided by the Supreme Court, Henson v. Santandar Consumer USA, live on the Internet? Would you like to watch it now? Well, you couldn't watch […]
The National Consumer Law Center (NCLC) has a useful discussion here on the implications of this week's Supreme Court decision in Henson v. Santander Consumer USA. NCLC's principal point is that Santander leaves open the possibility of proving that a debt buyer is a debt collector under the FDCPA's alternative definition, under which the term includes anyone whose […]
by Jeff Sovern I recently listened to the audio versions of these two books, Al Franken, Giant of the Senate and Warren's This Fight is Our Fight: The Battle to Save America's Middle Class. Each is read by the author. I enjoyed both thoroughly: they are inspiring, interesting, and Franken's is, as might be expected […]
Announced by Department of Education head Betsy DeVos. Read the AP story and the New York Times story.