Recent White Papers
Consumer Protection Acts or Consumer Litigation Acts? A Historical and Empirical Examination of State CPAs
This paper explores the introduction, original mission of, and corruption
This paper explores the introduction, original mission of, and corruption of State CPAs. It proceeds in three additional parts. Part II outlines a brief history of American consumer protection laws, beginning with the accompanying immodest expansions of State CPAs. Part III reviews and discusses the predictable litigation consequences of these expansions, including harm to consumers themselves, litigants, and the judicial system, and briefly surveys elementary economic theory as well as salient empirical data confirming that these unjustified CPA expansions harm consumers. Part IV concludes, recommending several salutary policy prescriptions for lawmakers considering amending a State CPA.
Recent Legal Briefs
Recent Amicus Briefs
(U.S., filed January 17, 2017): Arguing that in a 363
(U.S., filed January 17, 2017): Arguing that in a 363 sale, the Due Process Clause does not require a seller to notify creditors of the basis for any potential claims against the debtor. By imposing a novel and unjustifiable notice requirement, the Court is hindering debtors’ ability to sell their assets quickly. And by threatening buyers with the loss of their “free and clear” protection, the decision deprives estates of a critical tool for maximizing creditor recovery. The decision will perpetuate the kind of abusive, lawyer-driven litigation that will offer little in the way of relief for the class members and will provide an enormous windfall for the plaintiffs’ lawyers who bring them.
Petition for cert was denied on April 24, 2017.
(Ga., filed January 25, 2017): Arguing that the evidence and argument
(Ga., filed January 25, 2017): Arguing that the evidence and argument regarding the CEO’s compensation inflamed the jurors and improperly influenced their award. Also arguing that the plaintiffs incited the jury to punish the defendant.
The court granted cert on June 30, 2017.