Article finds benefits from California law requiring disclosure of chemicals causing cancer

Claudia Polsky of Berkeley and Megan Schwarzman of Berkeley's School of Public Health have written The Hidden Success of a Conspicuous Law: Proposition 65 and the Reduction of Toxic Chemical Exposures, 47 Ecology Law Quarterly, (Forthcoming 2021). Here is the abstract: Newcomers to California could be forgiven for thinking they have crossed into treacherous terrain. By virtue […]

CFPB’s Consumer Finance Law Taskforce expected to issue 90-100 recommendations on January 5

by Jeff Sovern The CFPB has posted to its website an announcement that it will hold an event on January 5 to announce the "findings, analyses, and recommendations" of its Taskforce on Federal Consumer Financial Law. Regular blog readers will recall that the Taskforce is not very diverse in a variety of ways. Earlier this […]

Becher & Sibony paper: the law and policy of product obsolescence

Shmuel I. Becher of Victoria University of Wellington and Anne-Lise Sibony of UCLouvain; TILEC have written In Search of a Lasting Lightbulb Moment: The Law and Policy of Product Obsolescence. Here's the abstract: Firms frequently employ various strategies that make products obsolete after a relatively short time or limited usage (“product obsolescence”). Early product obsolescence harms […]

Is there “take-home” liability for an employer’s negligence in causing transmission of Covid-19 (as there is sometimes in the asbestos context)?

That's the question addressed in Employer Liability for 'Take-Home' COVID-19 by Mark Rothstein and Julia Irzyk (forthcoming in the Journal of Law, Medicine & Ethics). Here is the abstract: Workplace exposure to SARS-CoV-2 has been a source of morbidity and mortality from COVID-19, especially for “essential workers,” such as those employed in health care and […]

Judge Strikes Down D.C.’s Moratorium on Eviction Filings

Yesterday, a D.C. Superior Court Judge struck down D.C.'s local law moratorium on filing new eviction cases during the COVID-19 pandemic, writing that the eviction filing ban unconstitutionally infringed on landlords' right of access to the courts. The decision strikes down the District's ban on eviction filings, but does not overturn the city's moratorium on actual […]

Groups urge the Consumer Financial Protection Bureau to strengthen protections against credit discrimination

48 consumer, civil rights, and public interest groups just submitted detailed comments to the Consumer Financial Protection Bureau’s on how to improve enforcement of the prohibitions against discrimination in the extension of consumer credit under the Equal Credit Opportunity Act and its regulations. Read about it here.

SCOTUS takes FCRA class action case

The issue as framed by the petitioner, TransUnion, is whether "either Article III or Federal Rule of Civil Procedure 23 permits a damages class action when the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered." More at SCOTUSblog.

Op-Ed: The COVID liability charade: Mitch McConnell’s demand is built on dishonest claims

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 […]