Michael R. Pennington

Michael R. Pennington

Bradley Arant Boult Cummings LLP

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Supreme Court Declines to Review Second Circuit Decision Subjecting Defaulted Debt Buyers to State Usury Laws

On June 27, the United States Supreme Court declined to review the Second Circuit’s decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). By denying Midland Funding, LLC’s petition for a writ of...more

7/1/2016 - Choice-of-Law Credit Cards Debt Buyers FDCPA Madden v Midland Funding National Bank Act Preemption Usury

Supreme Court Rejects “No Injury” Claims For Statutory Damages

Monday morning, the United States Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins (No. 13-1339), which addresses the question of whether a bare allegation of a statutory violation, unaccompanied by...more

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

CFPB’s Proposed Rule Bans Class Waivers in Financial Services Industry

As expected, yesterday the Consumer Finance Protection Bureau (CFPB) announced a proposed rule that would effectively ban class action waivers in pre-dispute arbitration agreements for a broad range of consumer financial...more

5/9/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Financial Sector Financial Services Industry Service Contracts

US Supreme Court Upholds Use of Disparate Impact Claims in Fair Lending Enforcement

The US Supreme Court finally weighed in today on whether the disparate impact theory may be used to prove housing discrimination and ruled that such claims are viable under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et...more

6/26/2015 - Affordable Housing Disparate Impact Fair Housing Act (FHA) HUD Pleading Standards Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities Title VII

Finding the Earliest and Least Expensive Exit From Financial Services Class Actions

Effectively responding to class litigation doesn’t necessarily mean simply preparing an answer or perfunctory motion to dismiss, diving headlong into class discovery, investing in full-fledged combat on the merits of the...more

3/3/2015 - CAFA Class Action Federal Rules of Civil Procedure Financial Institutions Litigation Strategies

Statutory Class Actions: Developments and Strategies

In this Newsletter: - An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions? - The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield. - Telephone...more

3/3/2015 - ADA Class Action Disparate Impact Fair Housing Act (FHA) FDCPA Standing Statutory Damages TCPA

Update: Finding the Earliest and Least Expensive Exit from Financial Services Class Actions

In this Newsletter: - Gather The Facts And Assess The Risk Up Front. - If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove. - Invest Time, Effort And Resources In...more

2/26/2015 - Class Action Litigation Strategies

Court Tosses HUD’s Disparate Impact Rule: Is Protection for Lenders from Disparate Impact Claims on the Horizon?

Since the 1970s, courts have routinely held that the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., may remedy housing discrimination proven through use of the disparate impact theory. The doctrine of disparate impact permits a...more

11/10/2014 - Banks Discrimination Disparate Impact ECOA Fair Housing Act (FHA) Financial Institutions HUD Obama Administration Popular SCOTUS

U.S. Supreme Court Upholds “Fraud-On-The-Market” Theory, Permits Defendants to Challenge Reliance Presumption at Class...

Earlier this week, in Halliburton Co. v. Erica P. John Fund, Inc., the United States Supreme Court upheld the “fraud-on-the-market” theory in federal securities fraud class actions, but ruled that at the class certification...more

6/26/2014 - Basic v Levinson Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

Supreme Court Makes Clear That CAFA Removal Is Not Defeated by Plaintiffs' Amount-in-Controversy Stipulations

A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members...more

3/21/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Dismissal of Putative Class Action Lawsuit for Alleged Violations of the Servicemembers' Civil Relief Act

In a putative class action handled by Robert Maddox, Mike Pennington, and Keith Anderson, the Northern District of Alabama recently dismissed a lawsuit for alleged violations of the Servicemembers’ Civil Relief Act (“SCRA”)....more

12/12/2012 - Credit Reports FCRA Interest Rates Loans Military Service Members Mortgages SCRA

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