About a year ago, Public Citizen petitioned for rehearing in a case in which a three-judge panel of the Ninth Circuit affirmed the dismissal of a First Amendment retaliation claim brought by a police officer who courageously spoke out after he witnessed the abuse of suspects within his department. In a welcome development this week, […]
As we've discussed several times since March, the Supreme Court's decision this spring in Comcast Corp. v. Behrend has provided fodder for a new and dangerous argument that a damages class cannot be certified whenever the damages must be calculated individually. District court decisions have been mixed on this question, but so far the response […]
The Blog of LegalTimes reports: When Morgan Drexen Inc. found itself in the Consumer Financial Protection Bureau's crosshairs, the company, which works with law firms to provide debt relief services to consumers, initiated a response that's proving to be both unusually aggressive and public. The CFPB filed suit against the company earlier this week in […]
Peter B. Rutledge of Georgia and Christopher R. Drahozal of Kansas have written 'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex. Here's the abstract: We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the […]
The Consumer Financial Protection Bureau yesterday issued this report "detailing mortgage servicing problems at banks and nonbanks. The report also found that many nonbanks lack robust systems for ensuring they are following federal laws." (quoting press release) According to the CFPB's press release, the agency found Sloppy account transfers: The rights to manage a loan […]
This article by Michael Fletcher discusses a new report showing that incomes in the U.S. haven't come close to recovering from the government-determined official end of the recession in mid-2009. Here's an excerpt and then two charts depicting income levels and unemployment over the last 12 and 1/2 years: The buying power of Americans continues […]
by Brian Wolfman We have covered the interaction between consumer protection law and efforts to stem the obesity epidemic, including NYC Mayor Michael Bloomberg's effort to ban large-sized sugary drinks (which has failed so far in the New York courts). If that topic interests you, I think you'll want to watch two videos, which are […]
At the end of the last century and the beginning of this one, one political party was anti-litigation, the other more friendly. Why? By last year's election, the issue had faded away, at least nationally. Why? These issues are taken up in "Unspoken Truths and Misaligned Interests: Political Parties and the Two Cultures of Civil […]
As the Consumerist reports, "[b]ecause there are apparently not enough studies to convince the Food and Drug Administration that controversial chemical Bisphenol-A (BPA) should not be used in just about every form of food packaging, yet another study has been published linking BPA to childhood obesity. Meanwhile, a separate study released today showed a possible […]
Read about it here. Here are excerpts: The closed-door meeting [with President Obama] included Richard Cordray, the newly-confirmed director of the Consumer Financial Protection Bureau, as well as the chairs of the board of governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation and the U.S. Securities and […]