F. Paul Bland, Jr.

Staff Attorney, Public Justice
1825 K Street, NW, Suite 200, Washington, DC 20036
(202) 797-8600 | Fax: (202) 232-7203 | E-mail: pbland @ publicjustice.net

• Co-author, Consumer Arbitration Agreements (published annually by The TLPJ Foundation and the National Consumer Law Center).
• Member, former co-chair, of the Board of Directors of the National Association of Consumer Advocates.

Successful oral arguments include:

• Ting v. AT&T, 182 F. Supp.2d 902 (N.D. Cal. 2002), aff’d in most respects, 319 F.3d 1126 (9th Cir. 2003), cert. denied, 124 S. Ct. 53 (2003) (AT&T’s arbitration clause unconscionable and unenforceable because clause prohibited class actions, among other reasons) (named San Francisco Trial Lawyer of the Year, along with co-lead counsel Jim Sturdevant, for work on this case).
• Wells v. Chevy Chase Bank, 363 Md. 232, 768 A.2d 620 (2001) (credit card holders did not agree to submit their claims to arbitration; state procedural law was not preempted by the Federal Arbitration Act). Named Maryland Trial Lawyer of the Year for work on this case. Also argued Wells v. Chevy Chase Bank, 377 Md. 197, 832 A.2d 812, cert. denied, 124 S. Ct. 1875 (2004) (Home Owners Lending Act did not preempt state contract law claims).
• Singh v. Prudential Health Care Plan, Inc., 335 F.3d 278 (4th Cir. 2003), cert. denied, 540 U.S. 1073 (2003) (claims under Maryland HMO Act were within ERISA’s Savings Clause and did not conflict with ERISA’s Enforcement Clause).
• Discover Bank v. Superior Court (Boehr), 36 Cal. 4th 148, 113 P.3d 1100, Cal. Rptr. 3d 76 (2005) (adhesion contract banning class actions in cases involving small claims unconscionable under California law, remanding on choice of law issue) (co-argued with co-counsel Brian Strange).
• United States v. United States ex rel Thornton, 207 F.3d 769 (5th Cir. 2000) (relators under qui tam provisions of the False Claims Act are entitled to receive a statutory share of the value of some non-cash proceeds of a settlement between the U.S. and the defendants).
• Dua v. Comcast/Harvey v. Kaiser, 805 A.2d 1061 (Md. 2002) (statute that retroactively stripped consumers of accrued cause of action violated several provisions of state constitution).
• Toppings v. Meritech Mortgage, 569 S.E.2d 149 (W.Va. 2002) (co-argued with Dan Hedges of Mountain State Justice) (where a lender’s arbitration clause designates an arbitration forum that is compensated through a case volume fee system, and the decision maker’s income as an arbitrator is dependent on continued referrals from the creditor, this so impinges on neutrality and fundamental fairness that the clause is unconscionable and unenforceable).
• Sweeney v. Savings First Mortgage, 897 A.2d 1037 (Md. 2005) (federal law does not preempt state statute limiting mortgage brokers’ fees).
• Riemer v. Columbia Medical Plan, 358 Md. 222, 747 A.2d 677 (Md. 2000) (Maryland HMO Act prohibits HMOs from pursuing members for subrogation of recoveries).
• Raymond James Fin. Servs., Inc. v. Saldukas, 896 So.2d 707 (Fl. 2005) (broker waived right to compel arbitration, even though investor proved no prejudice).
• Chisolm v. TranSouth Financial Corp., 184 F.R.D. 556 (E.D. Va. 1999) (certifying class in RICO case involving revolving repossession car churning scheme).

Formerly Chief Nominations Counsel, U.S. Senate Judiciary Committee, 1989-1990

Education:

• J.D., Harvard Law School, 1986
• A.B., Georgetown University, 1983