NPR reports on the Trump Administration proposed rule to allow nursing homes to require new residents to agree to arbitration as a condition of admission. A rule issue under the Obama Administration barred nursing homes forced arbitration agreements for nursing homes, leaving it to the two sides to decide whether they preferred court or arbitration […]
Consumer Financial Protection Bureau Director Richard Cordray has an op-ed in the New York Times today, explaining the importance of the CFPB rule barring class-action bans in forced arbitration provisions.His conclusion: "A cherished tenet of our justice system is that nobody should escape accountability for breaking the law. Our rule restores consumers’ legal right to […]
That's the topic of Partisan Balance With Bite by law profs Brian Feinstein and Daniel Hemel. It struck me as timely. Here is the abstract: Dozens of multimember agencies across the federal government are subject to partisan balance requirements, which mandate that no more than a simple majority of agency members may hail from a single party. […]
Does the talc in baby powder cause ovarian cancer? A California jury thinks so. And, by a vote of 9 to 3, that jury today told Johnson & Johnson to pay $417 million to a woman with ovarian cancer. Read about it here, here, here, and here. One report notes that Johnson & Johnson, "which faces 5,500 […]
by Paul Alan Levy This morning we filed a motion for leave to intervene in the proceeding, now assigned to Chief Judge Robert Morin of the Superior Court for the District of Columbia, in which DreamHost has been opposing the implementation of a warrant for all files connected with the DisruptJ20 web site that carried […]
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, […]