Nehf Article on Arbitration’s Impact on the Common Law’s Regulation of Standard Terms in Consumer Contracts

James P. Nehf of Indiana has written The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts, 85 Geo. Wash. Law Review (2017). Here is the abstract: The focus of this paper is the regulation of standard terms in consumer contracts at common law, i.e., judges deciding cases in […]

Read a new lawsuit alleging unfair competition by Trump and his new D.C. hotel and restaurants

The complaint is here. The plaintiff is a D.C. wine bar (Cork) that competes with Trump's new businesses. Here is an excerpt that gives you the gist: Plaintiff's claims are based on the unfair advantage that the Trump International Hotel and its dining establishments, in a building owned by the United States and operated by the […]

The president’s working-class voters will be hit hard in the pocketbook by the ACA repeal, while the rich would gain

That's the gist of this article by John Harwood. Here's an excerpt: Exit polls showed that just 10 percent of Trump's votes came from Americans earning $200,000 or more. Yet those voters would derive all benefits from the repeal of the two individual tax hikes targeting them: a 0.9 percent tax on their earnings, and a 3.8 […]

Bloomberg’s Gregory Roberts: CFPB’s Assault on Arbitration Stuck Between Rock, Hard Place

Here.  Excerpt: Any move by the CFPB to adopt a final version of its rule would almost certainly prompt Republican lawmakers to overturn it, with a long-term chilling effect on future regulation of the clauses used by banks and other financial services providers. But if the CFPB does not put out a final rule before […]

Bloomberg: House to Vote on Bills Limiting Class Actions This Week

Here.  Previous posts on the bills appear here and here. Excerpt: The fast-track approach is deemed essential to give the bills time to advance in the more-deliberative Senate, where 60 votes are needed to overcome an almost certain filibuster. * * * With House passage almost certain, opponents and supporters are already turning an eye […]

Another analysis concludes that under the republican health care legislation lots of people would lose coverage

A new analysis finds that, under the proposed republican replacement for the ACA, 6 to 10 million would lose health insurance in the private market and, between 2020 and 2024, the Medicaid program would lose 4 to 6 million recipients. But health insurance industry profits would likely climb. Read about it here. 

Paul Bland in Daily Kos: Banning Class Actions Will Not Put “America First”

Here.  Excerpt: Drywall from China was . . . highly toxic. * * * Approximately 60,000 homes built with drywall from China were affected, according to one source. In fact, the problems caused by this imported drywall are so massive and widespread that individual lawsuits could not have even begun to make a dent in […]

Department of Education delays enforcement of rule on for-profit colleges

The Department of Education announced on  Monday that it will delay implementing new rules designed to punish career-training schools that leave students with high levels of debt but weak job prospects. The Wall Street Journal (subscription required) explains: The move delays new rules known as “gainful employment” that formed a key piece of former President […]

Chris Peterson’s Important Defense of the CFPB

It's titled Will Congress Remove Consumer Credit “Seat Belts”? and is in Democracy. The whole piece is worth reading if you care about the CFPB, but here's an excerpt to whet your appetite: [I]f the CFPB really were a “runaway agency,” we should expect to see banks running from it. In every law enforcement case, […]