Column on amicus briefs supporting rehearing in Third Circuit class-action case

by Deepak Gupta We've already blogged here quite a bit in the past few days about our rehearing petition in the Third Circuit class-action case of Carrerra v. Bayer — including this post on a recent column by Alison Frankel of Reuters.  Today, Frankel has a new story about the case. This time, she writes about the […]

Study Finds Housing Discrimination Against Same-Sex Couples

Samantha Friedman of SUNY University at Albany and Angela Reynolds, Susan Scovill, Florence R. Brassier, Ron Campbell, and McKenzie Ballou, all of . Davis and Company, Inc. have written An Estimate of Housing Discrimination Against Same-Sex Couples.  Here's the abstract: This is the first large-scale, paired-testing study to assess housing discrimination against same-sex couples in […]

Study on Statutes Protecting Food Industry From Obesity-Related Health Claims

Cara L. Wilking of the Public Health Advocacy Institute and Richard A. Daynard of Northeastern have written Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits, Food and Drug Law Journal, Vol. 68, No. 3, pp. 229 -329, 2013.  Here is the abstract: Since 2004, 25 states have passed Commonsense Consumption Acts […]

Texting and driving as a safety problem with a social underpinning

Check out this thought-provoking article from the Boston Globe about why texting and driving remains such a persistent problem. We all know that texting and driving can be dangerous (and by "all,"the article cites an amazing 94% figure from a federal survey about the number of people who know this is a risky practice). Yet […]

More on the 3rd circuit’s decision in Carrera

by Brian Wolfman As we've explained in a series of recent posts, in Carrera v. Bayer, the Third Circuit reversed a grant of class certification on the ground that the class wasn't "ascertainable." Among other things, the panel said that the class of purchasers of an over-the-counter weight-loss product had not shown that it would be […]

Arizona Court Strikes Down Arbitration Clause as Too Expensive for Plaintiff

By F. Paul Bland   On Twitter @PblandBland This is a classic good news/bad news type of case for plaintiffs.  The good news is that a court struck down as unconscionable an arbitration clause that imposed enormous fees on an individual before the individual could go to arbitration.  The bad news is that the case shows what a […]

Hensarling Blames Regulation for Great Recession

by Jeff Sovern House Financial Services Committee Chair Jeb Hensarling is still blaming regulation for the Great Recession. He recently pened an op-ed for the American Banker, Regulation – Not Lack Thereof – Led U.S. into Financial Crisis. In it, he repeats the right wing's frequently-debunked claim that the Community Reinvestment Act caused lenders to make the loans that […]

Analysis of CFPB complaint database

In a recent analysis of complaints submitted to the Consumer Financial Protection Bureau about financial services, the consulting firm Deloitte found that mortgage-related issues are the basis for most of the 94,000 complaints posted so far and that customer misunderstanding is often the problem. The Washington Post has a short write-up of the findings and […]