Burt M. Rublin

Burt M. Rublin

Ballard Spahr LLP

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Third Circuit Rejects Class Certification in Yet Another Consumer Case

Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...more

9/17/2014 - Billing Class Action Class Certification Consumer Fraud Unjust Enrichment

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Arbitrators Class Action Class Action Arbitration Waivers Employer Liability Issues FLSA Jurisdiction Robert Half

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more

5/6/2014 - Affidavits Bayer BMW Class Action En Banc Review

Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

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

4/9/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Evidence Removal SCOTUS

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

2/11/2014 - Article III ATMs EFTA FCRA Injury-in-Fact SCOTUS Statutory Damages

State Attorney General Lawsuit Not Removable under CAFA, Supreme Court Holds

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

1/15/2014 - CAFA Class Action Parens Patriae Removal SCOTUS

Pennsylvania Supreme Court Holds that Scope of Act 6 Is Limited to Loans or Use of Money

For the first time, the Pennsylvania Supreme Court has addressed the important issue of whether, and to what extent, Pennsylvania's Loan Interest and Protection Law (Act 6) may be used as the basis for claims that do not...more

11/27/2013 - Loans Property Tax Real Estate Transfers

Class Certification Proper Despite Prospect of ‘Meager’ Damage Recovery, Seventh Circuit Holds

The intersection between law and economics was once again the focus of an important recent class action ruling by the U.S. Court of Appeals for the Seventh Circuit....more

9/13/2013 - Class Action Class Certification Damages EFTA Recovery Laws

No Right to Jury Trial for Consumer Fraud Claim in Pennsylvania

The Pennsylvania Supreme Court recently refused to grant plaintiffs' request to review a Superior Court decision in December 2012 that held there is no right to a jury trial for claims brought under Pennsylvania's Unfair...more

8/29/2013 - Fraud Jury Trial Right to a Jury

Court of Appeals Reaffirms Class Certification after Supreme Court Remand

The U.S. Court of Appeals for the Seventh Circuit last week reaffirmed its prior decision in favor of class certification in a breach of warranty case involving washing machines....more

8/28/2013 - Class Action Class Certification Comcast v. Behrend SCOTUS

Third Circuit Vacates Class Certification, Reaffirms Plaintiff’s Burden To Prove Readily Ascertainable Class

A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more

8/14/2013 - Class Action Class Certification Wal-Mart Warranties

Pampers Consumer Class Action Settlement Reversed on Appeal

In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit vacated a class action settlement approval and certification of a settlement class that treated the named plaintiffs far more favorably than the other class...more

8/12/2013 - Class Action Injunctions Proctor & Gamble Reversal Settlement

Eighth Circuit Deems 'Informational Injury' Sufficient To Confer Standing

The U.S. Court of Appeals for the Eighth Circuit recently addressed an important issue that the U.S. Supreme Court avoided last year concerning whether a consumer must suffer actual economic harm to have standing to sue for...more

8/7/2013 - ATMs Banks Economic Damages Electronic Fund Transfer Act Standing Statutory Damages

Third Circuit Vacates Class Certification, Reaffirms Plaintiff's Burden To Prove Readily Ascertainable Class

In Hayes v. Wal-Mart Stores, Inc., plaintiff alleged that Wal-Mart, through its retail warehouse Sam’s Club, violated the New Jersey Consumer Fraud Act, breached its contracts with consumers, and was unjustly enriched by...more

8/7/2013 - Breach of Contract Breach of Warranty Consumer Fraud Unjust Enrichment

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

6/17/2013 - CFPB Discrimination Disparate Impact ECOA Fair Lending FHA Redevelopment SCOTUS

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian...more

4/25/2013 - Class Action Experian Incentives Settlement

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

3/21/2013 - Amount in Controversy CAFA Class Action Data Protection Debt Collection FDCPA Foreclosure FTC HOA Licenses Liens Mobile Payments Mortgages Privity of Contract Res Judicata Robo-Signing SCOTUS Uniform State Test

U.S. Supreme Court Renders Its First CAFA Decision

In its first opinion interpreting the Class Action Fairness Act (CAFA), the U.S. Supreme Court has unanimously held that a class representative cannot prevent removal of a class action from state to federal court by...more

3/20/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

State AG Lawsuit Not Removable under CAFA, Second Circuit Holds

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

1/16/2013 - Attorney Generals CAFA Class Action Parens Patriae Pharmaceutical Prescription Drugs Removal

Congress Passes Bill To End ATM Fee Sticker Strike Suits

The U.S. Senate has just joined the House of Representatives in approving a bill (H.R. 4367) amending the Electronic Fund Transfer Act to eliminate the requirement that a fee disclosure be placed in a prominent and...more

12/12/2012 - ATMs EFTA

Fifth Circuit Allows Defendants To Remove Mississippi Attorney General Lawsuit to Federal Court

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

11/30/2012 - CAFA Price-Fixing Removal

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