Dee Pridgen of Wyoming has written ALI's Restatement of the Law of Consumer Contracts: Perpetuating a Legal Fiction? 32 Loyola Consumer Law Review No. 3, (2020). Here's the abstract: The American Law Institute’s proposed Restatement of the Law of Consumer Contracts has undergone a lengthy process of drafts and discussions, but the road to completion has […]
Uri Benoliel of Ramat Gan Law School and Shmuel I. Becher of Victoria University of Wellington have written Termination Without Explanation Contracts. Here is the abstract: Firms routinely terminate their contractual relationship with consumers. During 2019-2020, for example, Facebook terminated 5.4 billion accounts that were supposedly fake; WhatsApp announced that it is terminating 2 million […]
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 […]
FTC Commissioner Rohit Chopra and his attorney-advisor Samuel A.A. Levine have wiritten The Case for Resurrecting the FTC Act’s Penalty Offense Authority. Here is the abstract: This article details why the Federal Trade Commission should resurrect one of the key authorities it abandoned in the 1980s: Section 5(m)(1)(B) of the FTC Act, the Penalty Offense […]
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 […]
by Jeff Sovern Here. Which one do you think consumers are more likely to read? To understand? (HT: ContractsProf Blog)
Amy Widman of Rutgers has written Protecting Consumer Protection: Filling the Federal Enforcement Gap, 69 Buffalo Law Review __ (2021) (Forthcoming). Here is the abstract: Since 2014, when a first-of-its-kind empirical study looked at how public enforcers use their authority under UDAP laws, the enforcement landscape has changed. Most notably, the Trump Administration has weakened […]
by Paul Alan Levy With a signature last week from Governor Cuomo, New York has become the latest state to enact a strong anti-SLAPP law. Addressing flaws that came to the fore in our recent defense of Richard Robbins, the new statute considerably broadens the scope of speech covered by anti-SLAPP protections, and, requires a […]