Category Archives: Uncategorized

More on the “Big Spring” challenge to the Dodd-Frank law and the CFPB

by Brian Wolfman The Big Spring suit filed in federal district court in D.C. challenges various provisions of the Dodd-Frank Wall St. reform law, including the legality of the Consumer Financial Protection Bureau, on separation-of-powers grounds. That suit includes a challenge to Richard Cordray's appointment as CFPB director as an impermissible (non-)recess appointment. We last posted […]

Federal banking regulators enter final $9.3 billion settlement with mortgage servicers; borrowers to receive cash and loan reductions

by Brian Wolfman Last month, we posted about a likely settlement between federal regulators and 13 major mortgage servicers — including some of the world's biggerst banks — that would make direct cash distributions to homeowners who lost their homes or went underwater during the financial crisis, in whole or in part because of improper […]

Justices Sotomayor and Kagan in the spotlight

This has been a revealing week for President Obama's two appointees to the Supreme Court, who are becoming two of the strongest voices on the Court. On Monday, Justice Sotomayor made national headlines with her opinion regarding a denial of cert. (beginning at page 13 of this Order List) — though agreeing on procedural grounds […]

More on movement between industry and congressional staffs

We posted recently on the revolving door between industry and congressional staffs. Now, we've been provided more detail with this joint review by Remapping Debate and the Center for Responsive Politics. The review looked at the chiefs of staff and legislative directors of the new members of the 113th Congress to detemine who previously worked […]

Fourth Circuit Refuses to Enforce Arbitration Clause for Lack of Mutuality, Allowing Class Action to Go Forward

The Fourth Circuit has held, in Noohi v. Toll Brothers, that an arbitration clause in a contract between home buyers and a real estate development company is unenforceable because the clause lacked mutuality of consideration under governing Maryland law. (The clause lacked mutuality because it forced the home buyers but not the development company to […]

“Policeman, Citizen, or Both? A Civilian Analogue Exception to Garcetti v. Ceballos”

That's the name of this article by Caroline Flynn. Here's the abstract: The First Amendment prohibits the government from leveraging its employment relationship with a public employee in order to silence the employee’s speech. But the Supreme Court dramatically curtailed this right in Garcetti v. Ceballos by installing a categorical bar: if the public employee […]

Supreme Court: plaintiffs need not prove materiality to get class certification in a federal securities-fraud class action

In an 6-3 decision authored by Justice Ruth Bader Ginsburg, the Supreme Court held today in Amgen v. Connecticut Retirement Plans that plaintiffs in a federal securities-fraud class action need not prove that the defendant's allegedly fraudulent statements were material to obtain class certification. Justice Ginsburg's opinion contains this nice synopsis: The issue presented concerns the […]

Federal Court Rejects Assertion of Copyright in Lawyer-Created Court Documents

As explained in this article by Jessica Dye, U.S. district judge Jed Rakoff has thrown out a suit brought by a lawyer against Westlaw and Lexis claiming a copyright in documents he created and filed in court. That may be good news for consumers looking for access to court documents. The case is called Edward […]

Fnancial Times: Few errors found in ‘robosigning’ review

by Jeff Sovern Here. But their definition of "few" still seems high.  "Only" 4.2% of the consumers whose homes were foreclosed upon are said to have been "harmed" by robosigning.  That seems to come from a report from the OCC which has historically been captured by the banks, though since the appointment of Thomas Curry […]