We've previously written about a Takings Clause case filed to challenge Washington D.C.'s practice of permitting private companies to buy tax liens, institute foreclosure proceedings, and keep the entire value of the property (not just the amount needed to satisfy the debt). On Friday, D.C. moved to dismiss the suit on a variety of procedural […]
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In case you didn't see it, go here or click on the embedded video below for a 60 Minutes report claiming that members of Congress use "Leadership" PACs, the hiring of family members on campaigns, and high-interest loans to themselves to enrich their lifestyles and, sometimes, their and their family members' personal bank accounts. And, […]
That's the name of this article by Catherine Sharkey. Here's the abstract: In tort preemption cases, when federal law ousts conflicting state tort law, two fundamental functional premises should hold true: (1) the federal standard of care is more than a minimal standard and (2) the state standard of tort liability has a significant regulatory […]
As Sari Horwitz and Danielle Douglas report, JP Morgan, the nation’s largest bank, has reached a tentative agreement with the Justice Department to pay a record $13 billion to resolve allegations that it knowingly sold faulty mortgage securities that contributed to the financial crisis, a person familiar with the talks said Saturday. If finalized, the deal […]
Yesterday, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia dismissed an action that claimed that the structure of the Consumer Financial Protection Bureau and the enforcement powers granted it violate separation-of-powers principles. The decision, in a case called Morgan Drexen v. CFPB, is here. The dismissal was on procedural grounds that […]
by Jeff Sovern The Times published an article on medical debt earlier this week, Patients Mired in Costly Credit From Doctors. The gist of the article was that doctors establish relationships with lenders which then give credit to patients so that patients can obtain medical treatment. That sounds innocent, and even helpful, to patients who […]
The Supreme Court has protected the right under the First Amendment to anonymous speech, except when it hasn't (as when it has upheld campaign contribution disclsoure laws, where the interest in anonymity was overriden by other important social goals). In Does 'The Freedom of the Press' Include a Right to Anonymity? The Original Understanding Robert Natelson […]
We have covered extensively (for instance, here, here, and here) the ban on the sale of large, sugary drinks by New York City's health department. A state-law-based challenge to the ban by merchants and others succeeded in a New York trial court and an intermediate court of appeals. Yesterday, however, New York's highest court (the […]
In a significant victory for plaintiffs, the U.S. Court of Appeals for the Fourth Circuit ruled yesterday that a putative class of plaintiffs who work at Family Dollar Stores and allege disparate payment practices based on sex should be allowed to amend their complaint, and that they might be able to satisfy commonality under the […]
The Consumer Financial Protection Bureau's student loan ombudsman, Rohit Chopra, issued his annual report today. Here is the executive summary: * In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress established an ombudsman for student loans within the Consumer Financial Protection Bureau. The CFPB began accepting student loan complaints in March 2012. * This […]