by Paul Alan Levy The Proposed Restatement of the Law of Consumer Contracts has been discussed on this blog many times. It is exceptionally controversial: it has been opposed by a large coalition of consumer and civil rights advocacy groups (including Public Citizen) as well as attorneys general from roughly half the states. The US […]
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For the second time this Supreme Court Term, Justice Gorsuch has dissented from a majority opinion by Justice Kavanaugh. Both times, the beneficiary of Kavanaugh's vote has been a plaintiff whose cause of action Kavanaugh would recognize but Gorsuch would not. In today's opinion, Apple, Inc. v. Pepper, the result is that consumers seeking to […]
On Friday, Connecticut and a coalition of 44 states sued the biggest generic drug manufacturers, accusing them of a systematic conspiracy to bilk consumers out of billions of dollars. Last night's 60 Minutes covered the story, here. The Connecticut Attorney General's press release is here.
by Paul Alan Levy Those who have been following the issue of copyright trolls for many years may remember that one of the prime features of the Righthaven technique for shaking down unwitting bloggers for payments was to concentrate its litigation campaign on those who made the mistake of failing to register with the Copyright […]
Tim Lytton at Georgia State has written Outbreak: Foodborne Illness and the Struggle for Food Safety. Here's the blurb: Foodborne illness is a big problem. Wash those chicken breasts, and you’re likely to spread Salmonella to your countertops, kitchen towels, and other foods nearby. Even salad greens can become biohazards when toxic strains of E. coli inhabit the water […]
by Paul Alan Levy The spring, an unusual coalition of forces made a serious run at gutting the Texas Citizens’ Participation Act, the Texas version of state anti-SLAPP suits that protects consumers and citizen activists from baseless lawsuits intended to stop them from voicing criticisms of businesses and powerful political figure in their communities. A […]
That's the topic of The New Food Safety by law profs Emily Leib and Margot Pollans. Here is the abstract: A safe food supply is essential for a healthy society. Our food system is replete with different types of risk, yet food safety is understood as encompassing only foodborne illness and other risks related directly […]
The Center for American Progress today released a report discussing structural reforms to the court system and suggesting reforms to restore access to the courts — two topics that are discussed separately in the report but are surely related. The reforms suggested to restore individuals' access to the civil justice are not new ideas but […]
The Consumer Financial Protection Bureau is proposing a new rule that would allow debt collectors to send consumers an unlimited number of texts and emails. The agency says that its rule would be good for consumers. The Washington Post reports, however, that consumer advocates worry the CFPB is giving the industry a new way to […]
This morning, in a unanimous opinion in a case is called CFPB v. Seila Law, Inc., the Ninth Circuit decided a challenge to the CFPB's structure. The CFPB is headed by a single Director who exercises substantial executive power but can be removed by the President only for cause. Relying on the Supreme Court’s separation-of-powers […]