Jeff's coverage of conservatives who support the CFPB's arbitration rule (for instance, here and here) includes his re-post of Dean Clancy's recent U.S. News piece. You might also be interested in Clancy's earlier article that looked at the Wells Fargo scandal through the lens of pre-dispute, mandatory arbitration clauses.
Read Why Limits on Contributions to Super PACS Should Survive Citizens United by Albert Alschuler, Laurence Tribe, Norman Eisen, and Richard Painter. Here is the abstract: Soon after the Supreme Court decided Citizens United v. FEC, the D.C. Circuit held all limits on contributions to super PACs unconstitutional. Its decision in SpeechNow.org v. FEC created a regime […]
Colin Hanna, President of Let Freedom Ring USA, has penned Forced arbitration: Big banks' 'Star Chamber' in the Washington Examiner. Excerpt: Elbridge Gerry was a colonial-era plutocrat who became a patriot, a signer of the Declaration of Independence and a champion of equal justice under the law. * * * One of his more famous sayings was […]
Gary E. Mason of Whitfield Bryson & Mason LLP has written The Proper Measure Of The Value Of Class Actions for Law360. Excerpt: Of the 118 cases initiated in 2012, 102 (or nearly 90 percent) had reached a final resolution by May 1, 2017, the date on which our study closed. Twenty-three of those cases (or […]
Lauren E. Willis of Loyola of Los Angeles has written Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017). Here is the abstract: In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the design of defendants’ marketing, websites, […]
In Law360, by Andrew Sandler and Benjamin K. Olson Here is an excerpt: It is not entirely clear whether the Dodd-Frank Act or the [Federal Vacancies Reform Act] controls in these circumstances. The one thing that is clear is that there will be real and significant differences in the operation of the CFPB depending on which […]
David Marcus of Arizona has written The History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994, Fordham Law Review (forthcoming 2018). Here is the abstract: The first era of the modern class action began in 1966, with revisions to Rule 23 of the Federal Rules of Civil Procedure. It ended in 1980. […]
Take a look at this image of a cell-phone displaying the registration page for the Uber ride-sharing app: If you enter your credit card information and hit "REGISTER," have you given up your right to bring a class action against Uber if you think it has engaged in illegal price fixing? Yes, says the […]
From The Hill: The public has filed over 20 million comments to the Federal Communications Commission over its plan to scrap the net neutrality rules. It's a record for FCC comments and more than five times the number filed on the agency's previous net neutrality proposal in 2015. The comments on that plan held the […]
We have blogged before about the Third Circuit’s demanding “ascertainability” standard for class certification, which poses a class-action barrier unsupported by the rule. See here, here, and here. The Third Circuit yesterday issued another opinion on the topic, this time in a case brought under the Telephone Consumer Protection Act called City Select Auto Sales, Inc. […]