Nicastro Decision Impedes Access to Justice

    Public Citizen has released a report analyzing the impact of the U.S. Supreme Court’s decision in J. McIntyre Machinery Co. v. Nicastro, 131 S. Ct. 2780 (2011), on the ability of people injured by the products of out-of-state and foreign manufacturers to obtain access to the courts to remedy their injuries. Nicastro significantly limited the […]

Is bankruptcy an effective tool in preventing foreclosure?

For a variety of answers, see an empirical study by Alan White and Carolina Reid called Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis. Here is the abstract: Do homeowner bankruptcy filings work to delay or prevent home foreclosures, and how do they compare to voluntary loan modifications specifically targeted to mortgage relief? […]

Peter Holland Study of Debt Buyer Collection Suits Finds Mass Produced Default Judgments

Peter A. Holland of Maryland has written Junk Justice: A Statistical Analysis of 4,400 Lawsuits Filed by Debt Buyers, 26 Loyola Consumer Law Reporter 179 (2014).  Here's the abstract: Debt buyers have flooded courts nationwide with collection lawsuits against consumers. This article reports the findings from the broadest in-depth study of debt buyer litigation outcomes […]

A plain-language explaination of some class action settlement pitfalls

For reasons we've discussed many times before, class actions are important and powerful tools for holding bad actors accountable. But sometimes the settlements they produce aren't as beneficial to class members as one would hope. For an useful and accessible discussion of the types of problems that can arise in some class action settlements, check […]

Regulating Data Brokers

by Jeff Sovern In a column last week, The Wild West of Privacy, Times columnist Joe Nocera called for, among other things, regulating data brokers.  In response, I wrote a letter to the Times, which they ran here.  Here's what I said: Joe Nocera argues that data brokers should be obliged to tell consumers what […]

Anti-fracking advocate moves to vacate injunction barring her from large swaths of her home county

As reported by the Guardian and other news outlets, Cabot Oil and Gas Corporation is going to great lengths to keep Pennsylvania environmental activist Vera Scroggins out of sight and out of earshot. So much so that the company obtained an injunction barring Scroggins not only from Cabot-owned properties but also all properties in the […]