Case in Point: The Legal Show for Regular People

Trump v. Anderson & Class Action Madness

Feb 8, 2024

Ted Frank, a legendary class action lawyer, discusses his career and debunking part of Justice Jackson's opinion. The hosts recap the oral argument of Trump v. Anderson, exploring legal issues. They also discuss two opinions on whistleblower protections and false credit reporting. The podcast delves into flaws in the class action system and the importance of prioritizing recovery for the class. They delve into Chief Justice Salmon P. Chase's ruling and discuss impeachment trials presided over by Chief Justices.

46:00

Creator website

Episode guests

Ted Frank

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Episode notes

Podcast summary created with Snipd AI

Quick takeaways

Consumers can sue federal agencies for negligent reporting, as sovereign immunity does not apply in such cases.

Whistleblowers claiming retaliation only need to prove that their whistleblowing was a factor in their termination, simplifying the burden of proof.

Deep dives

Department of Agriculture vs Kurtz

In a unanimous decision, Justice Gorsuch ruled that a consumer can sue a federal agency for violating the Fair Credit Reporting Act. The case involved Kurtz, who secured and repaid a loan from the Department of Agriculture, but the department incorrectly reported the loan as unpaid, severely damaging Kurtz's credit. The court held that sovereign immunity does not apply in this case, allowing consumers to sue federal agencies for negligent reporting.

Introduction

2min

The Oral Argument of Trump v. Anderson

5min

Case Decision and Interview with Ted Frank

6min

Class Actions and Flaws in the System

26min

Salmon P. Chase and the Trump v. Anderson Case

5min

Impeachment Trials and Chief Justices

2min

This week brings us the biggest oral argument of the term: Trump v. Anderson, which will decide whether states can disqualify President Trump from the ballot. Your hosts recap the complicated legal issues and explore oral arguments. Zack and GianCarlo also discuss the two opinions released this week, which involve whistleblower protections and suing the government for false credit reporting. Zack interviews legendary class action lawyer Ted Frank who talks about his career and his now-famous debunking of part of Justice Jackson's opinion in the affirmative action cases. Lastly, Zack takes the trivia hot-seat to answer questions about Chief Justice Salmon P. Chase.

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