Alexandra D. Lahav of Connecticut has written Symmetry and Class Action Litigation, 60 U.C.L.A.L. Rev.(2013). Here's the abstract: In ordinary litigation, parties often have different resources to devote to their lawsuit. This is a problem because the adversarial system is predicated on two (or more) parties, equal and opposite one another, making their best arguments […]
Today, a group of parents from California, New York, Tennessee, and Virginia appealed to the U.S. Court of Appeals for the Ninth Circuit in a case in which the district court last month approved a settlement between Facebook and class of plaintiffs alleging privacy violations. As we've described before, the settlement is bad deal; particularly […]
The Virginia Supreme Court has enforced an arbitration agreement against a housekeeper who sought to sue her former boss after he physically assaulted her. By this point, like it or not (not), consumer and worker advocates expect to find arbitration clauses hidden in virtually all of our form contracts, whether it be for our cell […]
…filing pro-business, often anti-consumer briefs. Reuters has the story, which provides as one example a case in which the Chamber "argu[ed] that a landfill operator should not have to pay certain damages to nearby residents for the irritating or offensive odors the facility produced. In August, the court issued a ruling in line with what […]
Many low-income people don't have bank accounts and have to pay fees and incur other costs to get access to their money. Lisa Servon at The Atlantic has written"The Real Reason the Poor Go Without Bank Accounts." Read the whole thing and take a look right now at Servon's concluding paragraph: The banking industry needs […]
Consumers’ ability to address and seek redress for deceptive practices through private litigation is threatened by a recent decision of the Third Circuit Court of Appeals. In Carrera v. Bayer (like the FTC case discussed in the post below, a case about deceptive practices involving a dietary supplement), the court recently held that, if the […]
The FTC reported yesterday 7,979 checks averaging $27.42 each to consumers who bought "Wal-Born" dietary supplements sold by the pharmacy chain Walgreens are now being mailed. The FTC’s press release explains: In 2010, Walgreens settled FTC charges that it deceptively advertised that the supplements could effectively prevent colds, fight germs, and boost the immune system. […]
Paige Marta Skiba of Vanderbilt has written Tax Rebates and the Cycle of Payday Borrowing. Here's the abstract: I use evidence from a $300 tax rebate to test whether receipt of this cash infusion by payday borrowers affects the likelihood of borrowing, loan sizes, or default behavior. Results from fixed-effects models show that the rebate […]
We posted late last year about a Second Circuit decision that circumscribed the government's authority to criminalize off-label prescription-drug promotion on First Amendment grounds. Now, law professor Christopher Robertson has written "When Truth Cannot Be Presumed: The Regulation of Drug Promotion Under an Expanding First Amendment," which discusses the issue. Here is the abstract: The Food, […]
Yesterday, the Consumer Financial Protection Bureau (CFPB) issued this order requiring Chase Bank and JPMorgan Chase Bank to refund around $321 million to consumers who were charged on their credit cards for add-on services that they did not receive. That's right, the CFPB found that these banks charged for things that their customers just did […]