For the first time in more than a decade, the U.S. Department of Justice (DOJ) has exercised its authority under the Class Action Fairness Act (CAFA) to file an objection to a proposed settlement of a consumer class action....more
In addition to the passage of legislation amending the Dodd-Frank Act (DFA), disapproval under the Congressional Review Act, and a legal challenge filed in court, a fourth potential route for stopping the CFPB’s final...more
7/14/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
CAFA ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry ,
FSOC
The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more
Resolving a conflict in the circuits, the U.S. Supreme Court has unanimously ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “mass action” under the...more
The U.S. Court of Appeals for the Second Circuit has ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “class action” under the Class Action Fairness Act....more
In a decision that squarely conflicts with three other circuit courts, the Fifth Circuit Court of Appeals has ruled that a price-fixing case initiated by the State of Mississippi against various LCD display makers must be...more