Key holdings of today's 5-4 decision: corporations are entitled to protection under the federal Religious Freedom Restoration Act; requiring closely-held corporations to pay for contraception despite their owners' have sincere religious objections is a substantial burden on religious freedom; government's program is not narrowly tailored. However, the majority opinion suggests that the Department of Health […]
As we hit the middle of the U.S. major-league baseball season, I wanted to update our readers on the latest baseball-related (but not baseball-inherent) tort. As any major-league baseball consumer knows, at many major-league stadiums, between innings, fans are bombarded with hot dogs (and/or t-shirts) propelled into the stands from large bazooka-style air guns. At […]
by Jeff Sovern Back in April, the American Tort Reform Association had a roundtable discussion about UDAP statutes with FTC Commissioner (and former George Mason professor) Joshua Wright, Joanna Shepherd-Bailey of Emory, Peter Holland of Maryland Law School, and Cary Silverman of Shook Hardy & Bacon. You can watch it here. Given the host, you […]
So says the Times. Not so much as before the Great Recession, and they're called non-qualified mortgages now, and maybe you can't get so-called "liar's loans" or negative amortization loans, but those with weak credit ratings can get mortgages again.
We posted yesterday about the New York Court of Appeals' decision invalidating the New York City Board of Health's ban on the sale of large sugary drinks. The Board of Health targeted sugar because it believed that the best science shows that excessive sugar consumption is at the root of the obesity epidemic. There's a […]
For those of you who have been following the saga of Palmer v. KlearGear (see here for a summary), a big development this week: On Wednesday afternoon in Salt Lake City, after hearing testimony from the plaintiffs John and Jen Palmer about the damages they suffered as a result of their ordeal, the judge awarded […]
Christopher R. Drahozal of Kansas has written FAA Preemption after Concepcion, 35 Berkeley Journal of Employment and Labor Law 153 (2014, Forthcoming). Here is the abstract: AT&T Mobility LLC v. Concepcion is an important case for its holding that the FAA preempts application of state unconscionability doctrine to invalidate an arbitration clause with a class […]
Read this piece by law professor and dean Erwin Chemerinsky.
The New York Court of Appeals — New York's highest court — today threw out the New York City Board of Health's ban on the sale of large sugary drinks. The ban was a significant component of former NYC Mayor Michael Bloomberg's fight against obesity. Read the court's 4-2 decision and Michael Grynbaum's article about […]
Eleven auto safety and other consumer groups have petitioned the Federal Trade Commission (FTC), asking the agency to take enforcement action against the major national used-car seller CarMax. The groups say that CarMax claims its cars go through a rigorous safety inspection but that, in fact, CarMax does not fix defects that are the subject […]