Yesterday, consumers, employees, and others who are subject to mandatory arbitration agreements that inhibit their ability to present their claims got a big win and a big loss in the U.S. Court of Appeals for the Ninth Circuit—from the very same panel. The same three judges, Richard Clifton, Richard Tallman, and Consuelo Callahan, in cases argued […]
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That's the finding of this study from the New America Foundation. Here's the Foundation's data summary: Last year, the New America Foundation’s Open Technology Institute published The Cost of Connectivity, a first-of-its-kind study of the cost of consumer broadband services in 22 cities around the world. The results showed that, in comparison to their international […]
That's how much nuclear waste is hanging around the U.S. — a good bit of it in Illinois — with no feasible solution in sight that would provide long-term (or even middle-term), safe storage. The waste is comprised of spent fuel from nuclear reactors. As this report by Brian Wingfield explains: With no place to […]
Earlier this month, we noted a significant Fourth Circuit class action decision (Scott v. Family Dollar) permitting the plaintiffs to amend their complaint with allegations that could qualify them for class action treatment within the rules set forth by the Supreme Court in Wal-Mart v. Dukes. Here's a different take: the U.S. Chamber of Commerce […]
Over two years ago, we posted a link to an opinion piece by former Senator Christopher Dodd, which responded to common criticisms of the Dodd-Frank financial reform legislation, including the criticism that the law's allegedly excessive regulation will harm small, "community" banks. Now, law professor Tanya Marsh and Joseph Norman have written The Impact of […]
For years now, some people wanting the U.S. to trim "entitlement" costs have, among other things, proposed raising the age at which non-disabled people become eligible for Medicare. The current eligibility age is 65. (Disabled people generally are eligible for Medicare two years after they become eligible for federal disability benefits.) Early last year, the […]
This article by Jennifer Haberkorn says that delaying implementation of the Affordable Care Act is not as easy as bumping things back a few days on the calendar. Insurance companies would raise a ruckus because they set their prices based on customers enrolling before April. The Obama administration doesn’t want to push the successful enrollment […]
We have covered the question whether self-driving cars would benefit consumers by making driving easier and reducing injuries and deaths from crashes. California has enacted legislation setting up a framework for the regulation of self-driving cars in that state. At the federal level, the National Highway Transportation Safety Administration announced a new policy in late […]
We blog frequently here about access-to-the-courts issues, such as standing, class-action status, pre-dispute mandatory arbitration, and so forth. So, I thought our readers might be interested in this decision issued today by Judge James Boasberg of the U.S. District Court for the District of Columbia holding that an advocacy group (Scenic America) has standing to […]
The Third Circuit held today in Delaware Coalition for Open Government v. Strine that a state-run arbitration program over which a judge presides and that results in an enforceable judgment is subject to the First Amendment right of access to judicial proceedings. The key question in the case was whether these proceedings should be treated […]

