Federal court rejects First Premier Bank’s bid for a gag order against credit-card-comparison site Cardhub.com; subprime credit-card issuer surrenders

Just two days after a federal judge in South Dakota rejected a bid by First Premier Bank for a gag order against the credit-card-comparison site CardHub.com, the subprime credit card issuer abandoned its controversial lawsuit in a one-sentence document filed late on Friday. First Premier’s surrender comes after a backlash of criticism over its litigation […]

Krauthammer: raise the gas tax

This pro-environment proposal seems to be attracting support across the political spectrum. Read a prominent conservative's argument for it here. He's got a lot of arguments that don't concern the environment, and he notes that "even for global warming skeptics, there’s no reason not to welcome a benign measure that induces prudential reductions in CO2 […]

California Supreme Court: guards entitled to pay for all on-call hours at worksite

In a victory for workers, last week the California Supreme Court held that when a security guard is required to be at his or her worksite on call, the worker is entitled to be compensated, no matter what percent of the time on call is spent actually responding to disturbances. As discussed in this L.A. […]

Troubling sale of Corinthian Colleges set to close soon

by Maura Dundon (Senior Policy Counsel, Center for Responsible Lending) The sale of Corinthian Colleges (the for-profit college chain that operates Everest, WyoTech, and Heald) to the student loan debt collector ECMC is poised to close today. The deal has raised serious concerns about the fate of Corinthian students and whether the new entity represents […]

Reconceptualizing banking to manage consumer risk and stabilize financial markets

In Safe Banking, law professor Adam Levitin talks about this: Banking is based on two fundamentally irreconcilable functions: safekeeping of deposits and relending of deposits. Safekeeping is meant to be a risk-free function, but using deposits to fund loans inevitably poses risk to deposits, thereby undermining the safekeeping function. The expensive, inefficient, and unreliable apparatus […]

Safeway Effort to Modify Terms of Online Contract Rejected

Good discussion on the Tech and Marketing Law Blog here of Rodman v. Safeway Inc., 2014 WL 6984703 (N.D. Cal. Dec. 10, 2014), where the trial court upheld plaintiffs' contention that Safeway promised to charge in-store prices for products ordered online (even though, in actuality, that is not what it was actually charging) and refused […]

NYT: State damage caps deterred G.M. ignition switch litigation

This must-read New York Times article tells the powerful cautionary tale of what happens when damage caps depress lawyers' incentives to take meritorious product-defect cases: life-threatening dangers persist, with deadly results. The public might have learned of the G.M. ignition-switch problem through litigation as early as 2007, but given caps on damages, the economics of […]