Two just-decided Supreme Court rulings facilitate industry challenges to federal agency rules. This article examines the implications of these decisions for consumer attorneys bringing federal rule-based claims where defendants now argue the rule is invalid or inapplicable. The article recommends eight steps to respond to these Supreme Court decisions to preserve the consumer’s claims.
A June Supreme Court ruling disallows a scheme by individuals to use a corporate bankruptcy of their closely held business to evade individual liability for fraud, UDAP, and tort claims. This article explains the holding’s implications for consumer claims involving corporations in bankruptcy and lists 12 steps victimized consumers can take to preserve their rights when faced with a corporate bankruptcy filing.
A May 30 Supreme Court decision limits federal preemption of state laws affecting banks, with broad implications for consumer credit and banking litigation. This article explains the Supreme Court decision’s key takeaways and practice implications, and then lists state laws unlikely now to be preempted. The article also lists transactions where federal banking preemption never applies.
Read more recent developments and archived articles from the National Consumer Law Center.
NCLC has compiled resources for advocates navigating trending subjects in consumer law. Resources include free NCLC articles, written submissions from past NCLC conferences free to the consumer law community, links to relevant NCLC treatise material, pleadings and discovery, and more. Most of the resources are free to the public or free to the consumer law community. View NCLC's aggregated lists of resources on the NCLC Digital Library.
Policy and analysis, statutes and regulations, sample pleadings, court decisions, and more - all publicly accessible on the NCLC Digital Library.