Category Archives: Uncategorized

The Supreme Court, class actions, and Rule 23 “ascertainability”

This article by Amanda Bronstad discusses the Supreme Court's recent denial of review of a class-action decision from the Seventh Circuit concerning whether Rule 23 contains a heightened "ascertainability" requirement. Bronstad's article asks whether the Court's refusal to hear the case is related to Justice Scalia's absence. For one perspective on (and a description of) "ascertainability," go here.

DNC Chair Wasserman Shultz wants to derail CFPB’s efforts to regulate payday lenders

According to this article by Zach Carter, "Democratic National Committee Chair Rep. Debbie Wasserman Schultz (D-Fla.) … is co-sponsoring a new bill that would gut the [Consumer Financial Protection Bureaus's] forthcoming payday loan regulations. She's also attempting to gin up Democratic support for the legislation on Capitol Hill[.]" Here's an excerpt: The misleadingly titled Consumer Protection and Choice […]

Troubling report on financial adviser misconduct

The Post reports: Some 7 percent of advisers have been disciplined for misconduct, according to a working paper released this week by the University of Chicago Booth School of Business. Misconduct included selling clients investments that weren’t suitable or not consulting with them before making trades and other investment decisions. And contrary to what some […]

Miami Beach, on the front lines of climate change

CNN published this week an interview with Miami Beach's "chief resiliency officer" about the threat. Prefacing the discussion, the interviewer notes of the city, "a 90,000-person island municipality off the coast of Miami proper," that "At even 2 to 4 feet of sea level rise, the island will be considerably flooded. The National Oceanic and […]

Home loans and race in California

A recent report by the Greenlining Institute and the Urban Strategies Council, "Locked Out of the Market: Poor Access to Home Loans for Californians of Color," highlights the stark disparities between whites borrowers and borrowers of color when it comes to access to home loans. Among the report's findings: -In 2013, Hispanics were nearly 40% of CA’s […]

Reuters: Republican Marco Rubio winning Wall Street fundraising race

Here.  Excerpt:   The U.S. senator from Florida has received more than $4 million from the employees of banks and investment firms like Bank of America Corp (BAC.N), Deutsche Bank (DBKGn.DE) and Goldman Sachs Group Inc (GS.N) since launching his bid for the presidency last year, according to the analysis of individual donations totaling more […]

Self-help against non-disparagement clauses?

by Paul Alan Levy A comment to my recent blog post about Prestigious Pets, a Dallas pet care company that recently sued two of its customers for negative reviews, suggested an interesting approach for dealing with businesses that use non-disparagement clauses to block customers from posting accurate but unflattering reviews.  Although consumer advocates place hope […]

Second Circuit: First Amendment access to judicial documents applies to civil complaints

The court of appeals this week affirmed a district court's decision to unseal a complaint even though the case settled within two weeks after it was filed. Of note, the Second Circuit held that the public is entitled to access civil complaints not just under the common law right of access but also under the […]