Category Archives: Uncategorized

Sampling for Individual Damages in Class Action Litigation

That is the name of this article by Hillel Bavli and John Felter. It may be useful to counsel seeking class certification based on what is sometimes referred to as representative proof. Here is the abstract: The 2016 Supreme Court decision in Tyson Foods v. Bouaphakeo revived the use of “representative” or sampling evidence in class actions.  Federal courts are […]

FTC returns money to victims of debt collection scheme

The Federal Trade Commission announced today that it is mailing 5,232 checks totaling more than $2.7 million to people who lost money to Rincon Debt Management, a debt collection scheme that focused on people who were strapped for cash. The company’s owners are banned from the debt collection business. People who lost money are getting […]

Trumpian Newspeak on climate change?

This article by Eric Wolff explains that "[a] supervisor at the Energy Department's international climate office told staff this week not to use the phrases 'climate change,' 'emissions reduction' or 'Paris Agreement' in written memos, briefings or other written communication." ("Emissions reduction." Now, there's a subversive phrase!) So, must they consult the Trumpian Newspeak dictionary to figure out what […]

Supreme Court issues decision in Expressions Hair Design v. Schneiderman

The Supreme Court today issued its decision in Expressions Hair Design v. Schneiderman. The cert petition posed the question in the case this way: Ten states have enacted laws that allow merchants to charge higher prices to consumers who pay with a credit card instead of cash, but require the merchant to communicate that price difference […]

Is Trump succeeding on his terms so far?

Read this piece by James Hohmann, which argues that the importance of Trump's loss on health care is being overblown and that, in fact, Trump is largely succeeding so far. It includes this passage: Despite the chaos and the growing credibility gap, Trump is systematically succeeding in his quest to “deconstruct the administrative state” [quoting Steve Bannon] He’s […]

What’s going on with national climate policy?

This article by Alan Rappeport provides details on the Trump Administration's plans to move on to tax legislation and climate policy, after Trump's spectacular failure to repeal and replace the Affordable Care Act. Rappeport says that this week "the administration will issue an executive order that will begin to dismantle a rule issued by former president […]