Category Archives: Uncategorized

In consumer class action against Walmart, Eighth Circuit holds that right to enforce arbitration agreement was waived by Walmart’s litigation conduct

Here's how the Eighth Circuit, in its brand-new decision, McCoy v. Walmart, described the merits of the consumer class action before it: "Debbie McCoy purchased Walmart gift cards as Christmas presents. The cards turned out to be worthless, however, because one had been deactivated and the other had no balance remaining. McCoy, seeking to represent […]

New Ninth Circuit ruling on Federal Arbitration Act preemption

The Ninth Circuit issued a decision today in Chamber of Commerce v. Bonta. The Ninth Circuit write summaries of its opinions for public consumption. As the Ninth Circuit puts it, a summary "constitutes no part of the opinion of the court. It [is] prepared by court staff for the convenience of the reader." The following […]

Webinar: The Rise in Debt Collections Litigation and What States can Do

The Aspen Institute Financial Security Program and Pew will hold a webinar on Thursday, October 28 at 1:00 pm ET on the debt collections litigation system and ways to create better outcomes for people. Here is the description: The system for collecting unpaid debts is broken. One in three American adults had debt in collections […]

Dep’t of Education announces student-loan forgiveness of disabled borrowers

The Department of Education announced yesterday: "Over 323,000 borrowers who have a total and permanent disability (TPD) will receive more than $5.8 billion in automatic student loan discharges due to a new regulation announced today by the U.S. Department of Education. The change will apply to borrowers who are identified through an existing data match […]

Covid-related tort claims against nursing homes

Law prof Betsy Grey Against Immunizing Nursing Homes about when nursing homes should be liable for covid-related tort claims. Here's the abstract: Nursing homes and other long-term care facilities account for approximately one third of the over 500,000 Covid-19 deaths in the United States. Facing liability from that widespread harm, the facilities have sought immunity […]

Amazon adopts new policy for injuries caused by products of third-party sellers

Consumer Affairs reports: "Starting September 1, Amazon will pay customers who suffer injury or damages caused by products sold by its third-party sellers. It will not admit liability and will limit claims to $1,000. The policy is intended to head off lawsuits that consumers have filed over the years that seek to hold the multi-billion […]