More than 20 U.S. senators are calling on the Consumer Financial Protection Bureau to reconsider a proposal to allow debt collectors to send unlimited texts and emails to consumers, and to call consumers seven times a week per debt, USA Today reports. “By allowing debt collectors to send consumers unlimited text messages and emails without […]
by Paul Alan Levy About a month ago, I blogged about a new variant in Matthew Higbee’s high-volume copyright enforcement practice on behalf of photographers, in which he was pursuing the hosts of online forums where users had posted copyrighted photographs or deep links to copyrighted photographs, taking advantage of those hosts who had failed […]
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It's to be published next month by Cambridge and sounds like an important contribution. Here's a description: The Foreclosure Echo tells the story of the ordinary people whose quest for the American dream was crushed in the foreclosure crisis when they were threatened with losing their homes. The authors, Linda E. Fisher and Judith Fox […]
by Paul Alan Levy Considering that it was the Colorado Supreme Court that pioneered the concept of the SLAPP suit with its path-breaking decision in Protect Our Mountain Environment, and that it was University of Denver professors Penelope Canan and George Pring whose scholarship developed the concept, it is astonishing that Colorado took so long […]
I think our readers might be interested in The Rule of Law in Multidistrict Litigation by law prof David Noll. Here's the abstract: From the Deepwater Horizon disaster to the opioid crisis, multidistrict litigation — or simply MDL — has become the preeminent forum for devising solutions to the most difficult problems in the federal […]
The Supreme Court decided Home Depot v. Jackson, No. 17-1471, this morning about whether a third-party counterclaim defendant can remove a case to federal court under general federal removal provisions or under the Class Action Fairness Act's removal provision, 28 U.S.C. § 1453. The Court held, in a 5-4 opinion by Justice Thomas, that removal […]
Law prof Mary J. Davis has written Time For a Fresh Look at Strict Liability for Pharmaceuticals. Here's the abstract: Over the ensuing 50 years from the promulgation of § 402A, products liability in general has seen a retrenchment from strict liability. The Restatement (Third) of Torts: Products Liability openly adopted negligence principles for design […]
In a 2-1 decision in DL v. District of Columbia, No. 18-7004 (May 21, 2019), authored by Judge David Tatel, the D.C. Circuit has rejected the federal and D.C. governments' efforts to cut the hourly rates payable for a lawyer's legal work under federal fee-shifting statutes. (Senior Judge David Sentelle dissented.) Here is Judge Tatel's […]
by Jeff Sovern It may seem bizarre, but it appears that recommendations that contain information that goes beyond the transactions or experiences of the person writing the letter are subject to the Fair Credit Reporting Act. For example, if a law professor writes a letter that points out that a student has job experience in […]