Rebecca Tushnet’s 43(b) blog reports today on the recent district court decision in Mason v. Nature's Innovation, Inc. (S.D. Cal.). The plaintiff sued the manufacturer of a skin care product for injunctive relief, alleging claims under California consumer statutes and warranty claims based on misrepresentations on the product’s label and website. The court found that […]
[Note: This item was posted a few minutes after the another posting on the case. It contains some additional information on the case. HT on the overlap to Andrew Kaufman.] The Supreme Court yesterday granted cert in Northwest, Inc. v. Ginsberg, a case about whether the Airline Deregulation Act's preemption provision, 49 U.S.C. 41713(b), preempts […]
Yesterday, the U.S. Supreme Court granted a petition for certiorari in Northwest, Inc. v. Ginsberg, which will give the Court yet another opportunity to address the preemptive scope of a federal statute. In 2005, Rabbi S. Binyomin Ginsberg, a long-time customer of Northwest Airlines, earned the highest level of membership benefits in Northwest’s customer loyalty […]
by Brian Wolfman For a long time, the case law under the Federal Arbitration Act (FAA) has been bad for plaintiffs who want to be in court rather than in arbitration. And it's been getting worse in recent years. Class-action bans laundered through adhesive arbitration clauses are strictly enforced, even when they are unconscionable under […]
by Brian Wolfman Last Friday's Third Circuit ruling in Abraham v. St. Croix Rennaisance Group considered whether the Class Action Fairness Act (CAFA) provides federal "mass action" jurisdiction over a suit against a plant that continuously exposed nearby residents to toxic chemicals over an extended period. First, some background. CAFA provides jurisdiction in federal district […]
Here. An excerpt: As a recess appointee, Cordray can stay in the job only through the end of this year. But even that timetable will likely not be of much significance. After Cordray departs, the agency will be run by the next in line and there is little reason to think the bureau’s agenda would […]
We have covered extensively the large mortgage fraud settlements brokered by the federal government under which major mortgage servicers were, among other things, supposed to pay money directly to consumers harmed in the mortgage meltdown. Go, for instance, here, here, here, and here. Now, Danielle Douglas, reports that it's taking a long time for the […]
In February, the brokerage firm Charles Schwab won a ruling from a hearing panel of FINRA, the financial industry regulatory authority, invalidating FINRA's rule against class-action bans and allowing Schwab to use a class-action ban in its customer agreements. The panel concluded that "the amended language used in Schwab's customer agreements to prohibit participation in […]
That's the topic of "Compelled Disclosures," a new article by law professor Caroline Corbin. Here is the abtract: Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort […]
In In Re HP Inkjet Printers, the Ninth Circuit yesterday reversed the district court’s orders granting final approval to a class-action settlement between Hewlett-Packard Company and a nationwide class of consumers who purchased certain HP inkjet printers, and awarding attorneys’ fees. Here is the summary issued by the court: The panel held that the attorneys’ […]