When nontuberculous mycobacterium (NTM) infections started to appear in patients who had undergone open-heart surgery and other similar procedures, the FDA thought it was related to heater-cooler systems generally – not any one type in particular. Then, after M. chimaera was discovered at a Sorin 3T facility in 2014, it became evident that the … [Read more...]
The GOP Strikes Down Financial Protection Rule
After the Equifax debacle and the Wells Fargo scandal, Republican Senators were still able to scrape by last week, voting to repeal the contentious arbitration rule, recently introduced by the Consumer Financial Protection Bureau (CFPB). Vice President Mike Pence was brought to Capitol Hill to cast the tie-breaking vote, making for a 51-50 victory … [Read more...]
US Comptroller Opposes Anti-Arbitration Rule
In July, the US House of Representatives voted to repeal the so-called Arbitration Rule, recently implemented by the Consumer Financial Protection Bureau (CFPB) and designed to prevent financial companies from mandating private arbitration for all claims brought forth by customers. Earlier this week, the Senate voted to repeal it as well, which … [Read more...]
TCPA Under Attack
During the presidential campaign, Donald Trump came under fire for a number of reasons. One reason, missed by top headlines, was his unsolicited dispatch of a mass text saying “Reply YES to subscribe to Donald J. Trump for President. Your subscription will help make America great again! Msg&data rates may apply.” That text, sent to thousands of … [Read more...]
Wells Fargo Gave Car Insurance to 800,000 People Without Telling Them
In late July, it was discovered that Wells Fargo had “sold” auto insurance policies to more than 800,000 people without ever informing them. Apparently, it’s common practice for financial companies to hand out insurance to its debtors in order to protect the lender’s interests. This is known as collateral protection insurance (CPI). The thing is: … [Read more...]
California Could Pass Legislation Setting Limits on Controversial Arbitration Agreements
While Congress attempts to disrupt the implementation of a Consumer Financial Protection Bureau (CFPB) rule limiting arbitration agreements, the state government in California is very close to passing its own bill that would weaken those same agreements. Arbitration provisions, which can be found in most consumer contracts, have been picking up … [Read more...]
Bank’s Duty to Watch for Fraudulent Checks Cannot be Waived
Columbus, OH (July 28, 2017) – The Sixth Circuit ruled last week in Majestic Building Maintenance v. Huntington Bancshares Inc. (July 20, 2018 App. No. 16-4342) that a bank cannot disclaim its duty of ordinary care and good faith in processing checks under UCC Article 4. Huntington had been trying to push the responsibility of catching fraudulent … [Read more...]
Immigrant Vetting Program Faces Class Action Lawsuit
In February, the American Civil Liberties Union, together with the Northwest Immigrant Rights Project, filed a lawsuit against President Trump and other government entities, claiming that they prevented thousands of people, applying for residency, citizenship and asylum, from entering the country. And last month, Richard Jones, a U.S. District … [Read more...]
Administration Reverses Position in Major Labor Case
Last week, the Trump administration submitted an amicus brief to the Supreme Court that effectively reversed the administration’s position on arbitration agreements as originally stated in a petition for review, filed in 2016. The Office of the Solicitor General rarely changes its position on a major case like this, even if there’s a … [Read more...]
New Legislation Could Bolster Cruise Passenger Safety Laws
It may come as a shock to some that there are currently no laws requiring cruise ship companies to report death and crimes that occur at sea. That’s why Representative Doris O. Matsui (D-CA) has introduced legislation that would make it necessary for cruise ship operators to report events such as robberies, assaults or death. This … [Read more...]
