Law professor Linda Mullenix has written this short essay on the Supreme Court's aborted effort to decide whether the American Pipe tolling rule applies to certain securities class actions. Here is the abstract: This article analyzes and comments on the Supreme Court appeal in Public Employees’ Retirement System v. IndyMac MBS, Inc., No. 13-640, which […]
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As reported earlier on this blog by Steve Gardner, the National Association of Consumer Advocates (NACA) has published the third edition of its Standards and Guidelines for Litigating and Settling Class Actions. Take a look at Steve's excellent post, which explains why the guidelines are worth reading. I want to let our readers know that […]
by Jeff Sovern The Times reported yesterday Takata Saw and Hid Risk in Airbags in 2004, Former Workers Say. Last weekend, the Philadelphia Inquirer's Jeff Gelles weighed in with Safety agency is failing the public on air bags. One sidenote: stories on air bags and more generally on product safety rarely if ever quote law […]
This afternoon, the Supreme Court decided to hear a case raising the question whether Obamacare subsidies to assist individuals in the purchase of health insurance apply to purchasers at all health care exchanges under the law or only those run by states instead of the federal government. The Fourth Circuit adopted the former interpretation, granting Chevron […]
As the New York Times reports, The Federal Trade Commission said on Thursday that it had settled its first consumer-protection lawsuit against a company for using “deceptive sales claims and phony legal threats” to try to get unsuspecting companies to license patents. At issue is the practice of a company called MPHJ Technology Investments, described […]
The U.S. Department of Education, drawing applause from the Treasury Department, has moved to increase funding for student loan servicers. The goal is to improve customer service for students, according to the administration. The catch? Servicers get the money anyway, whether or not service improves. The Huffington Post explains the concern, and Senator's Warren's position: […]
The Consumer Financial Protection Bureau today issued a report entitled A snapshot of debt collection complaints submitted by older consumers. Among the report's findings are . . . · Collectors hounding older Americans about medical debt: Older Americans describe being confused and frustrated because collectors attempt to collect medical expenses while the consumer is […]
The Supreme Court held oral argument yesterday in Jesinoski v. Countrywide Home Loan, a case potentially important to consumers and their advocates. The question presented is Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 [of the Truth in Lending Act] by “notifying the creditor” in […]
Last week, the Federal Trade Commission sued Gerber Products Co. in federal district court in New Jersey, alleging that the company deceptively advertised that feeding infants Good Start Gentle formula would prevent or reduce the risk that the babies would develop allergies. The complaint also alleges that Gerber falsely advertised Good Start Gentle’s health claims […]
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