Category Archives: Uncategorized

CFPB Takes Enforcement Action Against Payday Lender

The CFPB yesterday announced an enforcement action against payday lender Cash America International Inc. According to the CFPB's press release, Cash America will pay up to $14 million in refunds to consumers for robo-signing court documents in debt collection lawsuits, and will pay a $5 million fine for the robo-sgning and for destroying records in […]

Another Unsung Hero of the Public Interest Movement

by Paul Alan Levy     One of the sweetest things that Public Citizen does each year is recognize a long-time public interest staffer whose work is vital to that staffer's organization, but whose work is sufficiently behind-the-scenes that he or she receives no public recognition.  The award is named for Phyllis McCarthy, who started working for […]

Do your dietary supplements contain “speed”-like substances? You may want to check.

Dietary supplements often are taken for their drug-like effects, but, unlike drugs, they are subject to very little federal regulation because they are (supposed to be) made solely from "natural" substances. So, with that in mind, read this article by Alison Young. Here's an excerpt: For the second time in recent weeks, scientists have found […]

Supreme Court grants review to reconsider “fraud-on-the-market” theory of reliance in class-action securities litigation

The Supreme Court has granted review in yet another class action, and this one has large implications for the future of securities-fraud litigation. In Haliburton v. Erica P. John Fund, the Court will decide whether to overrule or substantially modify the rule in Basic, Inc. v. Levinson (1988), which adopted the "fraud-on-the-market" theory of reliance […]

Applebee’s workers to Second Circuit: the Supreme Court’s Comcast decision doesn’t undermine wage-and-hour class actions

Today Public Citizen filed the opening brief in an appeal on behalf of a putative class of Applebee's workers throughout New York State. The workers sued their employer, T.L. Cannon, owner and operator of 53 Applebee's locations in New York, claiming various wage violations, including that the employer trained its supervisors and managers to manipulate […]

Op-ed on Chief Justice’s statement regarding cy pres and other invitations from the Court

Linda Greenhouse had this interesting piece in the New York Times yesterday, about Chief Justice Roberts's "invitation" to cases challenging cy pres awards, as she describes the Chief Justice's statement (at p. 24 of the pdf) last week concerning the denial of the petiton for certiorari in Marek v. Lane–the cert petition about the cy […]

Google Books Program Upheld as Fair Use

by Paul Alan Levy The major ruling of the day:  Circuit Judge Denny Chin, sitting as a trial judge because he retained the case after being promoted to the Second Circuit, has granted summary judgment  rejecting the Authors Guild’s copyright claims against Google’s program of scanning books into digital form and both offering the digital […]

More on settlement of Mt. Holly case

Jeff posted earlier about settlement of the Mt. Holly case shortly before argument in the Supreme Court. The case presented the question whether disparate impact claims may be brought under the Fair Housing Act, which prohibits housing discrimination (or, on the other hand, whether plaintiffs must show intentional discrimination to prevail under the Act). There […]