Category Archives: Uncategorized

Ben-Shahar & Strahilevitz Propose that Contracts be Interpreted Based on Surveys

Omri Ben-Shahar and Lior Strahilevitz, both of Chicago, have written Interpreting Contracts via Surveys and Experiments.  Here's the abstract: Interpreting the language of contracts is the most common and least satisfactory task courts perform in contract disputes. This article proposes to take much of this task out of the hands of lawyers and judges, entrusting […]

Trump orders review of Dodd-Frank regulations

Read about it in this article by Jim Puzzanghera and Michael Memoli. An excerpt: At a White House meeting with top corporate chief executives, including Jamie Dimon of J.P. Morgan& Co., Trump said Friday that major reductions in financial regulations were coming. *** After the CEO meeting, Trump signed an executive order directing the Treasury secretary to consult with regulators […]

Eighth Circuit limits appeal bonds in class action settlement appeals

In In re Target Corp Customer Data Security Breach Litigation, No. 15-3909 (Feb. 1, 2017), the Eighth Circuit reversed a district court's approval of a class-action settlement because of its unreasoned class certification, which the court of appeals said "was the product of summary conclusion rather than rigor." More importantly to my mind, the Eighth Circuit […]

DC Circuit denies motions to intervene in PHH v CFPB

Last week, 17 state attorneys general, two congresspeople, and several consumer-advocacy organizations moved to intervene in PHH v. CFPB, pending in the DC Circuit. The motions each sought to intervene to support (and if the agency stopped defending the case to pursue) the CFPB's petition for rehearing of the court's decision last fall, in which […]

Is the CFPB subject to Trump’s executive orders?

The Wall Street Journal contemplates whether the CFPB is subject to the slew of recent executive orders: A memo issued Jan. 20—Inauguration Day—ordered “executive departments and agencies” to temporarily suspend filing new regulations and delay the implementation of pending rules to give President Donald Trump’s appointees the chance to study them. …. Another executive order […]

Columbus Dispatch Report: Trump treasury pick Mnuchin misled Senate on foreclosures, Ohio cases show

Here.  Excerpt: "OneWest Bank did not 'robo-sign' documents," Mnuchin wrote in response to questions from individual senators, "and as the only bank to successfully complete the Independent Foreclosure Review required by federal banking regulators to investigate allegations of 'robo-signing,' I am proud of our institution's extremely low error rate." But a Dispatch analysis of nearly […]

i-Geniuses: Not Too Smart in Threatening Dissatisfied Customers

by Paul Alan Levy i-Geniuses is a Houston company that repairs Apple products; it especially touts its ability to repair computers suffering from liquid damage on a fast turnaround schedule.  A number of former customers have expressed concerns about the success of the repairs, about longer-than-advertised repair times, and especially about their believe that the […]

Can Charles Harder’s Litigation Threats Still Be Taken Seriously?

by Paul Alan Levy Shiva Ayyadurai is a computer scientist who insists that it was he who, as a child prodigy, invented email.  Although his claim has been widely derided by many of the major figures who were party to the technological advances that created the Internet as well as systems of direct communication such as […]