Category Archives: Uncategorized

Third Circuit orders defendants to file response to the plaintiff’s request for rehearing in the Carrera class-certification appeal

Here is the text of the Third Circuit's order: ORDER at the direction of the merits panel, it is hereby ordered that the Appellants are directed to file on or before December 30, 2013 an answer to the petition for panel rehearing submitted by the Appellee and the documents submitted by proposed amici in support […]

NYT on payday lending to servicemembers

As the Times' Dealbook section reports: Nearly seven years since the Military Lending Act came into effect, government authorities say the law has gaps that threaten to leave hundreds of thousands of service members across the country vulnerable to potentially predatory loans — from credit pitched by retailers to pay for electronics or furniture, to […]

Utah couple seeks relief after credit ruined over “non-disparagement” clause in a website’s fine-print

Five years ago, John Palmer ordered Christmas gifts online from a web merchant called KlearGear.com. When the gifts didn’t come and John’s attempts to contact KlearGear were unsuccessful, his wife Jen posted a negative review on RipoffReport.com. In 2012, the Palmers received a demand from KlearGear for $3500. According to KlearGear, the Palmers violated a […]

Alex Kozinski and Marcy Tiffany file no-nonsense objection to class-action settlement

by Brian Wolfman Ninth Circuit chief judge Alex Kozinski and his wife, Marcy Tiffany, own a Nissan Leaf, an all-electric car. Kozinski and Tiffany are absent class members in a federal class action in California in which the plaintiffs allege that the Leaf's battery is defective. (Kozinski and Tiffany seem to agree, saying that their […]

Appellate court holds that TCPA does not preempt state ban on robocalls

The US Court of Appeals for the Seventh Circuit yesterday held that the federal Telephone Consumer Protection Act (TCPA) does not preempt Indiana’s state robocall ban. The TCPA regulates various telemarketing behavior and regulates the use of autodialers. The federal regulations allow robocalls for non-commercial purposes, but the Indiana law bans all robocalls made without […]