Preston Paper on Clickwrap and Browsewrap

Cheryl B. Preston of Brigham Young has written 'Please Note: You Have Waived Everything': Can Notice Redeem Online Contracts? Forthcoming in the American University Law Review.  Here is the abstract: Online consumers are largely unaware of the extent to which their actions are governed by legal terms in the form of clickwraps or browsewraps. These contracts […]

Truth in Lending Act recission case set for oral argument on Tuesday

In light of our post earlier today, I'm reminding our readers that Jesinoski v. Countrywide Home Loan is scheduled for oral argument in the Supreme Court next Tuesday, November 4. Here's the question presented: Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 by “notifying the […]

How does a consumer exercise her right to recission under the Truth in Lending Act?

The Truth in Lending Act gives consumers the right to rescind many (but not all) consumer-credit transactions under specified circumstances. The courts have disagreed over how a consumer must notify the lender that she is exercising her recission right. That's the topic of Avoiding the Nuclear Option: Balancing Borrower and Lender Rights Under the Truth […]

American Banker Report on Campaign Contributions by the Financial Industry

Here. An excerpt: There's been a concerted move to the right by the banking industry since the passage of the Dodd-Frank Act in 2010. The industry already tilted slightly Republican for years, but there's been a more distinctive shift over the past two election cycles. Employees and PACs representing the financial sector have given 62% […]

Liability (or not) for injuries from generic drugs

Following up on our recent post about whether state law permits brand-name drug manufacturers to be held liable for injuries caused by mislabeled generic drugs, take a look at Who (If Anyone) Should Be Liable for Injuries from Generic Drugs? by law professors Ezra Friedman and Abraham Wickelgren. Here is the abstract: Two recent Supreme […]

Alabama Supreme Court and Sixth Circuit weigh in on whether plaintiffs injured by generic drugs may recover from brand-name drug manufacturers

Back in January 2013, we told you about the ruling of the Alabama Supreme Court in Wyeth v. Weeks. Weeks held that, under Alabama state law, a patient harmed by a generic drug may recover from the brand-name drug manufacturer (on whose branded drug the generic drug is based) for failing to warn about the […]

Nathalie Martin Article Calls for Federal Usury Cap

Nathalie Martin of New Mexico has written Public Opinion and the Limits of State Law: The Case for a Federal Usury Cap, 34 North Illinois University Law Review (2014). Here's the abstract: This Article calls on Congress to set a federal interest rate cap of 36%, applicable to all loans. Part II of this Article briefly describes […]