21 Treatises with Pleadings, Practice Tips, and Analysis of 50 States' Law

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Bringing Federal Consumer Claims in State Court: A 50-State Analysis of Standing

Updated: Federal court class action, statutory damages, or intangible injury cases face constitutional standing challenges. This article suggests bringing federal claims in state court, where standing rules may be relaxed, and links to a 50-state analysis of state court standing rules unaffected by Supreme Court rulings.

Emotional Distress Damages After Latest Supreme Court Decision

This article explains why an April 28, 2022, Supreme Court ruling concerning the unavailability of emotional distress damages applies only to four federal discrimination statutes, links to practice tips when otherwise seeking emotional distress damages, and considers whether emotional distress alone is sufficient for federal court constitutional standing.

Supreme Court Supports Equitable Tolling to Extend Legal Deadlines

This article examines an April 21, 2022, Supreme Court decision with important application to the equitable tolling of limitations periods found in federal consumer statutes. The article explains when equitable tolling should be available, lists actions justifying equitable tolling, and considers other approaches to extending limitations periods, including the fraud discovery rule.

12 Ways to Fight Foreclosure of Zombie Second Mortgages

Debt buyers owning “zombie second mortgages”—delinquent predatory junior mortgages where loan holders have made no collection effort for as many as fifteen years—are suddenly threatening to and actually foreclosing on large numbers of such mortgages. This article explains what zombie mortgages are and why they are only now being foreclosed, and then provides twelve ways to fight their foreclosure.

New Federal Benefit Provides Affordable Broadband Access

This article explains new federal rules under the Affordable Connectivity Program providing low-income households up to $30/month (up to $75/month on Tribal lands) toward cellular or home broadband service. Eligible households can obtain service despite a prior disconnection or even nonpayment of current service; use of credit checks to sign up for broadband service is prohibited.

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