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Civil Justice Project News Civil Justice Project News www.civiljusticeproject.org Summer/Fall 2020 Lawsuit Challenges CFPB Justice Ginsburg Rule that Undermines Anti- he nation lost a tower- Ting figure with Justice Discrimination Law Ginsburg’s death — a pioneer, n a lawsuit filed in July, to report data about mortgage pathbreaker, and crusader for IPublic Citizen is represent- loans and home equity lines of justice and equality. ing the National Commu- credit. She became a beloved and nity Reinvestment Coalition, HMDA was enacted in 1975 iconic figure because of her own Montana Fair Housing, Texas in response to widespread trailblazing biography, her break- Low Income Housing Informa- concerns about “redlining” and through lawyering for equality, tion Service, the inadequate access to credit in her fierce defense of justice and City of Toledo, certain areas, particularly urban liberty as a U.S. Empire Justice areas inhabited predominantly Supreme Court Center, and the by people of color. justice, and, not Association for As a sunshine statute, HMDA least, her wit, Neighborhood seeks to hold lending institu- panache, and and Housing tions publicly accountable by Michael readiness to tell it Kirkpatrick, Development in a for making loans responsibly like it is. The loss attorney, challenge to a new to traditionally underserved by Robert Litigation Group Weissman, of someone of Consumer Finan- populations. HMDA requires president such impact and cial Protection Bureau (CFPB) certain financial institutions moral force hits rule that undermines efforts to to collect, record, and report hard. identify — and in that way deter specific information about their It should. — housing discrimination. mortgage lending activity. As we mourn, we need to This spring, the CFPB Its main purposes are to reflect on her achievements issued a new rule under the provide the public with loan and spirit, and we need to Home Mortgage Disclosure data to assess whether financial acknowledge the pain of loss. It Act (HMDA). The rule excuses institutions are meeting the is important, too, that we take thousands of financial institu- housing needs of their commu- inspiration and honor Justice tions from reporting data that nities, to inform public-sector Ginsburg’s legacy by doubling is key to uncovering housing investment decisions, to identify down on our commitment to the discrimination, by raising the discriminatory lending patterns, values she cherished. loan-volume coverage thresh- and to enforce anti-discrimina- olds for financial institutions See CFPB, Page 10 See RBG, Page 11 INSIDE Inside the Campaign to Stop Corporate Immunity Advancing a Proactive Civil Justice Legislative Dissecting the SAFE TO WORK Act Agenda Civil Justice Project News Civil Justice Project News Advancing a Proactive Civil Justice Summer/Fall 2020 Public Citizen President Legislative Agenda Robert Weissman Executive Vice President ver the past several decades, allows individuals to bring a Lisa Gilbert OCongress and the U.S. claim seeking injunctive relief Public Citizen Inc. Board of Directors Jason Adkins (chair) Supreme Court have chipped on behalf of employees or the Joan Claybrook Andrew S. Friedman away at individuals’ ability to state of California for labor Anne Galland Danny Goldberg seek legal redress for violations violations, and courts have held Jim Hightower Joy Howell of their rights. As a result, corpo- that those claims are not subject John Richard Anthony So Robert Weissman (ex officio) rations today are often immune to forced arbitration clauses in Public Citizen Foundation Board of Directors from accountability for wrong- employment contracts. Second, Mark A. Chavez (chair) Jim Bildner doing. Public Citizen is working citizen suits bolster enforcement Robert C. Fellmeth David Halperin to flip this dynamic by putting with federal law, by permitting Annie Leonard Cynthia Renfro forth a proac- individuals to sue on behalf of Steve Skrovan Gerson H. Smoger tive agenda that the government. Robert Weissman (ex officio) puts consumers In addition, we are think- Civil Justice Project Director Amanda Fleming and workers first ing through revisions to the Editor and Production Manager by correcting Federal Rules of Civil Procedure Rhoda Feng laws and court to counteract the U.S. Supreme Public Citizen Litigation Group Allison Zieve (director) decisions that Court’s decisions in Ashcroft v. Nandan Joshi Michael Kirkpatrick impede access to Iqbal and Bell Atlantic Corp. v. Kaitlin Leary by Remington Paul Alan Levy Scott Nelson Gregg, lobbyist the civil justice Twombly. Those cases changed Dami Obaro for Civil Justice system. longstanding federal pleading Grace Paras and Consumer Adam Pulver Adina Rosenbaum Rights Not surpris- standards in a way that enables Matthew A. Seligman Rebecca Smullin ingly, combatting defendants to obtain dismissal Martha Solt forced arbitration is on the top of of potentially meritorious cases Public Citizen’s Congress Watch Susan Harley (managing director) the priority list. We made signifi- before discovery. The impact Zachary Brown Rachel Curley cant progress last year when the on cases brought by individuals Juley Fulcher Remington Gregg U.S. House of Representatives (and, in particular, employment Alex Harman Craig Holman passed a bill banning the use of and civil rights cases) has been Eagan Kemp Matt Kent forced arbitration clauses. We especially notable. Miriam Li Taylor Lincoln will redouble our efforts in the Preemption is another area Jana Morgan Amit Narang next Congress to pass it in both where we see an opportunity Bartlett Naylor Emily Peterson-Cassin Aswar Rahman chambers. for proactive change to increase Mike Tanglis Bret Thompson Also on our agenda is expand- access to courts. Over the past Public Citizen’s Health Research Group ing opportunities to bring few decades, Congress and the Michael Carome, M.D. (director) Sidney M. Wolfe, M.D. (founder, senior adviser) “citizen suits.” Doing so would courts have immunized numer- Michael Abrams, M.P.H., Ph.D. Azza AbuDagga, MHA, Ph.D. have two advantages. First, ous industries from liability to Diane Krauthamer Alan Levine citizen suits may offer a way consumers by making a compa- Fiona Lynn for individuals to seek some ny’s compliance with federal law Material in Civil Justice Project News may not be reprinted without permission from Public Citizen. For more information, please contact Amanda Fleming at measure of justice when they a complete defense to injured (202) 588-7734 or [email protected]. have been barred from court consumers’ state-law claims. We Visit us online at www.civiljusticeproject.org. due to forced arbitration. For plan to advocate for legislation © Public Citizen’s Civil Justice Project 2020. example, California’s Private All rights reserved. Attorneys General Act (PAGA) See Civil Justice, Page 3 2 Public Citizen Civil Justice Project News Civil Justice, Continued from Page 2 to overturn preemption of state- revealed during litigation is for legislation providing that, law damages claims brought kept secret by broad protective in statutes that provide for an against businesses including gun orders, to which the plaintiffs award of attorney fees to the manufacturers, medical device agree in order to avoid discovery prevailing plaintiff, the plaintiff manufacturers, and cruise ship disputes and which the courts may be deemed prevailing when companies. impose without assessing the the lawsuit acted as a catalyst in Product liability cases can need for confidentiality with bringing about a goal sought in expose practices that endanger respect to specific documents. litigation. public health, and disclosure We will advocate for rules that In 2001, in a case called of information uncovered in bar enforcement of broad protec- Buckhannon Board & Care Home these cases can protect other tive orders, absent a showing of v. West Virginia Department of people, deter misconduct, and specific need for confidentiality Health and Human Services, catalyze regulatory action. Too of the documents covered. often, however, information Additionally, we will advocate See Civil Justice, Page 13 Photo of the U.S. Supreme Court courtesy of Emily Prechtl. THANK YOU TO OUR SUPPORTERS — CIVIL JUSTICE TRUSTEES (Annual Support of $25,000+) Caragh Fay Scott Owens Brian Warwick Thomas Fortune Fay Gerson H. Smoger Andrew S. Friedman Janet Varnell Summer/Fall 2020 3 Civil Justice Project News Inside the Campaign to Stop Corporate Immunity n May, U.S. Senate Major- witnesses who testified at a May not just a civil justice issue, Iity Leader Mitch McConnell hearing on business immunity; but as a unique racial justice (R-Ky.) said that he would not we submitted written testi- problem, we were also able to advance another coronavirus mony at that hearing; and we shine light on the situation of stimulus package to the Senate organized an opposition letter Black and Brown individuals floor unless it included a provi- from 140 organizations that who are disproportionately on sion to immunize companies represent a broad coalition of the frontlines of our economy — from coronavirus-related constituencies. We also worked as cashiers, janitors, and factory lawsuits. with student organizations workers. After months of drafting, to prepare for a June hearing Brown astutely noted that U.S. Sen. John Cornyn (R-Tex.) focused on the impact of school we have been calling frontline released a bill in July. Opposition reopenings, including the impact workers “heroes” because, while to the proposal was quick and of immunizing schools
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