The SBPC issued a report, DISCRIMINATION IS "UNFAIR": Interpreting UDA(A)P to Prohibit Discrimination. Here's the Executive Summary: This Article explores a theory that discrimination is a type of “unfair” practice covered by federal and state laws prohibiting unfair, deceptive (and sometimes abusive) acts and practices (“UDA(A)Ps”). An “unfair” practice is defined by statute as something […]
Some lawyers (I'll call them "objecting lawyers") say that they got wind of an effort by Monsanto to pay a tort plaintiff to appeal a claim that the plaintiff lost in federal district court. Why? According to the objecting lawyers, because Monsanto wants to keep the case alive to try to obtain a Monsanto-favorable federal-preemption […]
The first paragraph of the Court's unanimous opinion in AMG Capital Management v. FTC sums it up: Section 13(b) of the Federal Trade Commission Act authorizes the Commission to obtain, “in proper cases,” a “permanent injunction” in federal court against “any person, partnership, or corporation” that it believes “is violating, or is about to violate, […]
Then go to Covid Coverage Litigation Tracker, which is run by U. Penn and U. of Connecticut law schools. To read more about the establishment of the tracker, go here.
The Consumer Financial Protection Bureau today issued an interim final rule in support of the Centers for Disease Control and Prevention’s eviction moratorium. The CFPB’s rule requires debt collectors to provide written notice to tenants of their rights under the eviction moratorium and prohibits debt collectors from misrepresenting tenants’ eligibility for protection from eviction under […]
Cartoonist Matt Wuerker enlists consumer advocate Ralph Nader to help explain tort law in this 3-minute video from Politico.
Forbes has an account here. Forbes has a paywall but if you haven't read any Forbes articles this month, you should be able to read the article. There's a lot in the article worth reading, but here's a short excerpt: Senator Warren opened the hearing by highlighting how student loan debt exacerbates the racial wealth […]
It’s not often (or ever) that I would post an amicus brief on e-discovery, but I’m making an exception today. Brian Morrison, a partner at Tadler Law, drafted an excellent trial court amicus on the narrow issue of e-discovery of emails that use hyperlinks (an increasing practice) instead of PDFs that are actually attached. It’s […]
Howell E. Jackson and Colin Mark, both of Harvard, have written May the Executive Branch Forgive Student Loan Debt Without Further Congressional Action? Here's the abstract: On April 1, 2021, the Biden Administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in […]
As noted in Jeff Sovern’s post last week, the Supreme Court ruled last Thursday in the case of Facebook v. Duguid that the Telephone Consumer Protection Act (TCPA) does not apply to robocalls and robotexts sent to cell phones unless they are sent from equipment that uses a random or sequential number generator. The decision […]