The U.S. government really doesn’t believe in making it easy, which is why you might think of using a financial institution in Singapore, where they will be happy to do business. “The whole affair was just another friendly reminder of why I try to avoid doing anything in the US at all. Regulations, financial tracking, consumer protection… it’s just too damn difficult to get anything done.” [Simon Black, Sovereign Man]
Tagged as:
Africa,
banks,
regulation and its reform
- “Convicted King of Class Actions Builds Aviary, Regrets Nothing” [Lerach, Bloomberg profile]
- Teva/Baxter suits: Latest Nevada you-made-the-vials-too-big propofol verdict makes no more sense than first [Glenn Lammi, Forbes; Ted at PoL]
- EPA malicious prosecution in Hubert Vidrine case won’t be “isolated” unless we change our thinking [Ken at Popehat]
- Title IX coordinator training: “How federal regulations are making college ‘risk management’ lawyers rich” [Robert Shibley, Daily Caller] A lawyer spots more problems with Department of Education regulations on campus sexual assault [Robert Smith, RCP]
- Time to admit: on consequences of protecting big banks from capitalism, “Occupy” has a point [Nicole Gelinas, City Journal]
- Lawsuits accuse Boeing of engine-air-in-cabin “fume events” [MSNBC]
- About those “Topeka decriminalizes domestic violence” stories [Lowering the Bar]
Tagged as:
banks,
Bill Lerach,
colleges and universities,
Nevada,
pharmaceuticals,
Title IX
- Prodded by UNICEF and the Hague Convention, countries cut back on international adoption, leaving kids to future of orphanage life [Reason.tv video, interviewing among others Harvard's Elizabeth Bartholet; more]
- Critics: lawyers are main winners in NYC rent settlement [NYDN] NYC rent stabilization rules gave landlords incentive to do luxury conversions [FWIW]
- Breast-aurant rivals in court: “Hooters Suing Twin Peaks, Which Previously Sued Grand Tetons” [Lowering the Bar, earlier]
- Jonathan Chait: it’ll be “useful” for debate if CEOs “fear for their personal safety” [Matt Welch, related, similar (see "Patterns of Intimidation"), also related to "occupation" as tactic]
- Ethics complaint charges that boilerplate affidavits led to fee approval for lawyer in Bronx Surrogate’s Court [ABA Journal]
- “Widow allowed to sue tobacco companies [whose products] husband didn’t use” [Florida, DBR] Appeals court: manufacturer not under legal duty to warn of asbestos injury caused by another manufacturer’s products [Business Insurance]
- Debit card fee: made in D.C. [Glenn Reynolds; related, Joe Weisenthal]
Tagged as:
asbestos,
banks,
family law,
NYC,
product liability,
tobacco
- Not a parody: economics professor sets off debate on “ugly rights” with suggestion of making unattractiveness of appearance a protected discrimination-law category [Daniel Hamermesh/NYT, PoL, Eric Crampton, Jon Hyman] Apparently Niall Ferguson needn’t worry [Telegraph]
- Feds sue banks and more than 130 executives, demanding billions over their role in the mortgage crisis; new “tobacco/asbestos” predicted [Biz Insider, more, yet more] Takes some cheek to cast Fannie and Freddie as victims [John Berlau, CEI]
- Also on mortgages: Rahm Emanuel’s unsound new “lender must cut the grass” ordinance [Funnell] California AG sues lawyers, telemarketers over class action loan modification scheme; lawyer fires back with civil rights suit [AP, ABA Journal] New York chief judge wants state to fund more lawyers to resist enforcement of mortgages [PoL]
- Related to last, on Civil Gideon’s “‘impossible dream’ of giving every civil litigant a lawyer” [Benjamin Barton & Stephanos Bibos, SSRN via Instapundit]
- Fallen tree damage from all these storms? Think twice before taking your neighbor to court [Ilya Somin]
- Stories you read here first: wider coverage for EEOC suit against trucking company for not letting alcoholic drive [Fox, earlier]
- Illinois advocates plan push for punitive civil suits against johns, strip club owners, sex-ad websites [NYT]
Tagged as:
banks,
civil gideon,
discrimination law,
mortgages,
strippers and exotic dancers,
trees
- Maine Supreme Court agrees that not having to show up in court might be reasonable accommodation for plaintiff claiming PTSD disability [Volokh]
- Guess how much Richard Kreimer, the New Jersey homeless guy, has made in his many lawsuit settlements [Newark Star-Ledger, PoL]
- Given the problems with business-method patents, you can see why banks would want to dodge them [Felix Salmon]
- Contempt: “Calling the jailing of a person ‘civil’ doesn’t mean they put curtains on the cell windows.” [Greenfield]
- “Class Counsel Request $90.8M In Fees In Black Farmers Case” [BLT]
- Law school accreditation, recusal standards, international law among topics in new issue of Federalist Society’s ABA Watch;
- Electricity-wise, EPA puts the squeeze on the juice [Andrew Grossman, Heritage; Weston Hicks, AgendaWise; Tatler]
Tagged as:
banks,
contempt,
disabled rights,
international law,
Maine,
patent law,
recusals,
Richard Kreimer
- Law profs (some of them, anyway) bristle at “impractical scholarship” critique from Chief Justice Roberts [Ifill, ConcurOp; Adler; Chiang, Prawfs; Markel]
- Noisy exit by University of Baltimore law dean calls attention to law schools’ role as cash cows for universities [Caron]
- There’ll always be a legal academia: redefining banks as public nuisances [Lind via CL&P] “Disability as a Social Construct” [Areheart, Yale Law and Policy Review] North Dakota’s fiscal health? Nothing to do with shale boom or budget prudence, it’s that they’ve got a state-owned bank [Pasquale/Canova]
- “Why Does Pedigree Drive Law Faculty Hiring?” [Paul Caron] Using the accreditation process to mandate more tenure for lawprofs? [same] “ABA to Continue as Law School Accrediter, Despite Noncompliance With 17 Regs” [same]
- “Have Law Schools Violated Consumer Protection Laws?” [Jeff Sovern, CL&P] Villanova keeps mum after embarrassing revelations [Inquirer]
-
Tagged as:
Baltimore,
banks,
colleges and universities,
John Roberts,
law schools
It appears President Obama “will nominate former Ohio Attorney General Richard Cordray to be the first director of the Consumer Financial Protection Bureau (CFPB),” according to my colleague Mark Calabria, who recounts Cordray’s mixed record on topics of business litigation (he withdrew an abusive lawsuit against lead-paint manufacturers, while also campaigning against foreclosures). Earlier coverage here.
P.S. Daniel Fisher at Forbes reports that securities class action lawyers appear to adore Cordray, to judge from his campaign finances. John Berlau finds him inclined toward heavy-handed regulation, while Neil Munro wonders about his data privacy defense record.
Tagged as:
banks,
Ohio,
securities litigation,
Wall Street
- Per New Jersey court, overly sedentary home office job can result in valid worker’s comp claim [Courier-Post, NJLRA]
- Trial bar’s AAJ denies it played “direct” role in backing “Hot Coffee” [WaPo, some background]
- “Cop repeatedly harasses waitresses, never disciplined. Feds defend their civil rights by . . . suing the restaurant.” [Palm Beach Post via Radley Balko]
- On “unauthorized practice of law” as protective moat around profession’s interests, Britain does things differently [Gillian Hadfield via Andrew Sullivan; related, Larry Ribstein] Forthcoming book by Robert Crandall et al urges lawyer deregulation [Brookings]
- “The Treaty Clause Doesn’t Give Congress Unlimited Power” [Ilya Shapiro, Cato on Golan v. Holder case headed to Supreme Court]
- The small bank regulatory shakedown blues [Kevin Funnell] Why is the Department of Justice including gag orders as part of its enforcement decrees against banks on race and lending? [Investors Business Daily via PoL] “Emigrant fights back against mortgage-discrimination suits” [Fisher, Forbes] Dodd-Frank squeezing out community banks [Funnell]
- “North Carolina to Seize Speeding Cars That Fail to Pull Over” [The Newspaper] “With what, a tractor beam?” [James Taranto]
Tagged as:
AAJ,
banks,
constitutional law,
harassment law,
hot coffee,
international law,
mortgages,
New Jersey,
North Carolina,
traffic laws,
workers' compensation
Regulators “embed” in the financial industry [WSJ]. Coming to your business next?
Tagged as:
banks
- “Electronic Arts Has Right to Refer to John Dillinger in Its Video Games” [Volokh]
- Fans of “Civil Gideon” (constitutional entitlement to publicly funded lawyers in civil cases) glum that SCOTUS didn’t give idea much of a boost in Turner v. Rogers case last week [Concurring Opinions symposium, ABA Journal]
- Feds (in particular, the FTC) go after Google [AW, Manne & Wright/TotM, Stoll]
- “The Dept of Education, Yale, and the New Threat to Free Speech on Campus” [Greg Lukianoff/HuffPo] “In Making Campuses Safe for Women, a Travesty of Justice for Men” [Christina Sommers, Chron Higher Ed] Feds crack down on campus flirting and sex jokes [Michael Barone, D.C. Examiner] Heather Mac Donald on Yale hostile-environment complaint [City Journal, earlier] “Why Cross-Examination Rights Matter in Campus Sexual Harassment Cases” [Hans Bader]
- Trial lawyer propaganda coup? HBO airs plaintiff’s-side “Hot Coffee” documentary [Abnormal Use, Ted Frank/PoL, Schwartz/NYT, more, yet more]
- Financial institutions abroad will be pleased to be roped into U.S. regulatory schemes. Won’t they? [Dan Mitchell, Cato at Liberty]
- Proposal for judge-guided negotiations in NY med-mal cases leaves Ted Frank underwhelmed [PoL]
- “Virginia inmate sues after gruesome tries at sex change” [AP]
Tagged as:
banks,
civil gideon,
colleges and universities,
Federal Trade Commission,
Google,
hostile environment,
medical malpractice,
prisoners,
right of publicity,
videogames
- Gender imbalance in Wikipedia and geographic bees? Find something else to worry about [Heather Mac Donald, Slate, via Secular Right; Perry] “On Equality: The Anti-Interference Principle” [Donald Kochan, Chapman, SSRN]
- High-profile NY attorney suspended after “avalanche” of complaints [Turkewitz, more]
- Credit unions vs. class action lawyers [Funnell]
- Obligation to use club cards to facilitate recalls? CSPI’s strange lawsuit against Safeway [Goldfarb, Food Liability Law]
- “Arkansas Justice Has a Generous Lawyer Friend, Disclosure Forms Reveal” [Weiss, ABA Journal]
- NYC pols plan regulatory squeeze on popular inter-city “Chinatown bus” operators [DNAInfo, Reason]
- “Kentucky appeals court reverses $42 million fen-phen fraud judgment” [Courier-Journal, PoL]
- $1,500 per lead brought in: why you see so many mesothelioma ads on the web [three years ago on Overlawyered]
Tagged as:
Arkansas,
banks,
class actions,
Kentucky fen-phen settlement fraud,
NYC
Let’s hope it doesn’t unfold that way, says Richard Epstein [Truth on the Market]
P.S. It looks as if from Congress will accord lawyers and some other professionals an exemption from Federal Trade Commission regulations on identity theft that would have lumped them in with more traditional lenders because they often do not bill clients at the time work is performed. Fair enough, one supposes, but also another indication of the truism that one’s success in dodging nonsensical regulation is often a function of one’s status as a potent lobby in Washington.
Tagged as:
banks,
debtor-creditor law,
product liability,
Richard Epstein
I’ve got a new post up at Cato at Liberty about a snafu “embarrassing even by the standards of federal government foul-ups”: federal regulations intended to prevent “money laundering” are leading to dozens of mini-diplomatic crises as U.S. banks refuse to do business with smaller countries’ embassies for fear of tripping up under the regulations.
Tagged as:
banks
