Category Archives: Uncategorized

Guest Post: Courts will Require Airlines to Provide Refunds Instead of Vouchers For Covid Related Cancellations, if the Contract Permits Such an Interpretation

By Dash Radosti As consumer-related COVID-19 litigation continues, the courts are sending airlines an important reminder: vouchers are not the same as refunds. However, there is a catch – courts are limiting this holding to the plain text of the contract between flyers and carriers.  Two recent federal cases reiterated this principle: Ide v. British Airways […]

Former CFPD-director Cordray going to the Department of Education

The U.S. Department of Education announced today that Richard Cordray will be its Chief Operating Officer of Federal Student Aid. Cordray is the former Director of the Consumer Financial Protection Bureau and the former Attorney General of Ohio. Federal Student Aid is responsible for managing the student financial assistance programs authorized under Title IV of […]

25 state attorneys general support rescinding “rent-a-bank” rule

In October 2020, the Office of the Comptroller of the Currency, one of the federal agencies that regulates banks, issued a rule that determines what national bank or federal savings association is considered the “true lender” in circumstances where a bank and a third party have a role in the loan. Many consumer advocates expressed […]

READ ABOUT THIS: Objecting lawyers allege that Monsanto is paying a tort plaintiff to appeal a trial-court judgment *favorable* to Monsanto! Yes, you read that right.

Some lawyers (I'll call them "objecting lawyers") say that they got wind of an effort by Monsanto to pay a tort plaintiff to appeal a claim that the plaintiff lost in federal district court. Why? According to the objecting lawyers, because Monsanto wants to keep the case alive to try to obtain a Monsanto-favorable federal-preemption […]

Supreme Court holds that monetary relief is unavailable under Section 13(b) of the Federal Trade Commission Act

The first paragraph of the Court's unanimous opinion in AMG Capital Management v. FTC sums it up: Section 13(b) of the Federal Trade Commission Act authorizes the Commission to obtain, “in proper cases,” a “permanent injunction” in federal court against “any person, partnership, or corporation” that it believes “is violating, or is about to violate, […]

CFPB rule: Tenants can hold debt collectors accountable for illegal evictions

The Consumer Financial Protection Bureau today issued an interim final rule in support of the Centers for Disease Control and Prevention’s eviction moratorium. The CFPB’s rule requires debt collectors to provide written notice to tenants of their rights under the eviction moratorium and prohibits debt collectors from misrepresenting tenants’ eligibility for protection from eviction under […]

Short but Sweet Amicus Brief on E-discovery

It’s not often (or ever) that I would post an amicus brief on e-discovery, but I’m making an exception today. Brian Morrison, a partner at Tadler Law, drafted an excellent trial court amicus on the narrow issue of e-discovery of emails that use hyperlinks (an increasing practice) instead of PDFs that are actually attached. It’s […]