EPA’s Greenhouse Gas Rules Survive En Banc Review Process in D.C. Circuit

We told you last June that a panel of the D.C. Circuit had largely upheld the Environmental Protection Agency's greenhouse gas rules issued after the Supreme Court's decision in Massachusetts v. EPA demanded regulatory action on greenhouse gases. The panel's 82-page opinion, written by Judge Per Curiam (Sentelle, Rogers, and Tatel), was pretty comprehensive. Yesterday (nearly […]

More on Intervention in Class Actions by Non-Class Members

We posted yesterday about a recent decision of the U.S. Court of Appeals for the Third Circuit that authorized non-class members to intervene for the purpose of objecting to a district court's certification and settlement of a class action that might affect their interests. Class action lawyer Rob Bramson has made an interesting comment on […]

New Report on Serious Surgical Errors

Today, the Washington Post reported on a new study quantifying how often surgeons make "never" mistakes, i.e., mistakes that should never happen, such as leaving an object in a patient, performing the wrong procedure, or performing the procedure on the wrong body part. Apparently, between 1990 and 2010, about 500 "never" events were reported to […]

Do Consumers Want a Do-Not-Mail List?

Chris Jay Hoofnagle and Jennifer M. Urban, both of Berkeley Law, and Su Li of Berkely’s Center for the Study of Law and Society, have written Privacy and Advertising Mail.  Here’s the abstract: In this paper, we consider why Americans may frame the generation and receipt of unsolicited advertising mail as a privacy violation. We then present data […]

If You Violate Your Employer’s No-Personal-Use-of-Workplace-Computers Rule Have You Committed a Crime?

Read this article on that topic by Stephanie Greene and Christine O'Brien. Here is the abstract: If you spend time at work checking Facebook or shopping online you might be violating your employer’s computer policy. But you might also be committing a federal crime. For the past decade or so, courts have disagreed over the […]

Mortgage relief could become taxable if we jump off the cliff

This NYT story, though published in October, seems increasingly relevant as the fiscal cliff talks grind on without resolution. The takeaway: a 2007 tax break to exempt mortgage debt relief from being taxed as income is about to expire. Like everything else in the budget, its fate is at stake in the current fiscal negotiations.

Times: Banks Seek a Shield in Mortgage Rules

Here.  It's about the CFPB's forthcoming qualified mortgage rules. An excerpt: The rules are meant to help bolster the housing market. By shielding banks from potential litigation, policy makers contend that the industry will have a powerful incentive to make higher quality home loans. But some banking and housing specialists worry that borrowers are losing […]