Law profs Andrew Bradt and D. Theodore Rave have written Aggregation on Defendants' Terms: Bristol-Myers Squibb and the Federalization of Mass Tort Litigation. Here is the abstract: Although it is destined for the personal-jurisdiction canon, the Supreme Court’s 8-1 decision in Bristol-Myers Squibb v. Superior Court does little to clarify that notoriously hazy doctrine. It does, […]
An Obama administration proposal that would have required airlines disclose checked and carry-on bag fees at the start of a ticket purchase rather than later is being dropped by the Department of Transportation. The Associated Press story, via the Chicago Tribune, is here.
An op-ed in The Washington Post reports: The debate surrounding the Federal Communications Commission’s effort to revise the net neutrality rules has been heated and intense. Spurred by privacy advocates and late-night talk show hosts alike, the FCC’s rulemaking process received millions of unique comments, and drew the kind of national attention usually reserved for […]
by Jeff Sovern The tweet reads: Fines and penalties against Wells Fargo Bank for their bad acts against their customers and others will not be dropped, as has incorrectly been reported, but will be pursued and, if anything, substantially increased. I will cut Regs but make penalties severe when caught cheating! If the CFPB continued […]
by Jeff Sovern The old Soviet Union assigned political officers, called zampoliti, to military units to monitor the units for political correctness, as the Soviets defined it, among other purposes. According to an American Banker article authored by Kevin Wack, Mulvaney's plan to embed political staffers in CFPB sparks backlash, the purported Acting CFPB Director, Mick […]
The National Law Journal has the schedule here. If granted, the motion would presumably be in place until entry of judgment.
Harvard SJD candidate Aluma Zernik has written When Markets, Consumers and Regulators Collide: Overdrafts in the US, UK and Israel. Here's the abstract: There is a fierce debate in the US about whether to regulate overdrafts and, specifically, about whether overdraft should be limited or prices should be capped. Proponents of regulation claim overdrafts are not […]
by Jeff Sovern So reports the American Banker. Mulvaney can't simply rescind the payday lending rule without going through the time-consuming notice and comment process. But if the rule takes effect, and the industry challenges it, what happens if Mulvaney orders the CFPB lawyers not to defend the rule? Does the CFPB have an obligation […]