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.
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 […]
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 […]
Bloomberg mentions her as a possibility, as well as FTC commissioner Rohit Chopra and Patrice Ficklin, the CFPB's Fair Lending Director.
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 […]
David Berman has written A Critique of Consumer Advocacy Against the Restatement of the Law of Consumer Contracts, 54 Columbia Journal of Law & Social Problems. Here is the abstract: In May 2019, the American Law Institute proposed adopting a Restatement of the Law of Consumer Contracts. In it, the Restatement’s Reporters suggested a “grand […]
My colleague, Sheldon Evans of St. John's, has written Pandora's Loot Box. Here's the abstract: Virtual worlds are a frontier unlike any other. But as virtual worlds grow exponentially in the internet age, they find more overlap with the real world and the laws that govern it. One such emerging intersection is the advent of […]
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.