Here. Excerpt: One reason there may have been so few consumer lawsuits is that it is difficult to prove exactly where and how a person got COVID, especially during a pandemic. And even in the rare case that a consumer can summon the needed proof, he or she would still have to show that the business did […]
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The immunity provided to internet platforms by section 230 of Communications Decency Act is a hot topic these days. Gregory Dickenson has written Rebooting Internet Immunity. Here is the abstract: We do everything online. We shop, travel, invest, socialize, and even hold garage sales. Even though we may not care whether a company operates online […]
by Jeff Sovern WaPo's report is here and HuffPo's here. Paul Krugman in the Times writes about how the GOP doesn't see real problems like climate change, but in this case they see a problem that doesn't exist. UPDATE: The Hill reports here that McConnell has suggested dropping liability protection and state and local funding […]
Many states bar super-high interest rates. But high-cost lenders can circumvent such limits, known as usury caps, through rent-a-bank schemes. And under the Trump administration, the schemes have gotten a boost from two rules approved this year by the top federal banking regulator, the Office of the Comptroller of the Currency. Focusing on a small […]
by Paul Alan Levy Although Maryland was one of the first states to adopt an anti-SLAPP law, its weaknesses have become apparent over the years as other states have adopted stronger protections against suits brought to suppress free speech. Two of the most important obstacles to effectiveness of the statutes are found in the statute’s […]
by Jeff Sovern Here, though the report on liability is not very detailed and so perhaps it is less bad than I fear. But if not, as I have written in a different context, this is a terrible idea and will lead to more people getting the virus.
by Paul Alan Levy A couple of months ago, South Carolina lawyer B. Craig Killough advanced vague intellectual property claims in objecting to a blog post by a California health policy expert who commented on some aspects of the pricing policies being followed by Palmetto GBA, one of the companies retained by the federal Centers […]
Law prof Betsy Grey and law student Samantha Orwoll have written Tort Immunity in the Pandemic. Here is the abstract: A fundamental premise of our common law tort system is that the risk of liability will help deter unsafe behavior. Yet, as we continue to battle the COVID-19 pandemic, proposals abound to shield businesses from […]
That's the topic of The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions by law prof Linda Mullenix. Here is the abstract: In enacting the Class Action Fairness Act of 2005, Congress intended to expand access to federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. Congress […]