Earlier this week, the U.S. Supreme Court announced it will hear the case of Acheson Hotels, LLC v. Laufer and finally resolve the question of whether “tester” plaintiffs have standing to sue a hotel company that fails to...more
3/30/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Failure to Accommodate ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Title III ,
Website Accessibility ,
Websites
Last week, the U.S. District Court for the Southern District of New York dealt a major blow to mortgage investors in two parallel actions pending for the past few years. The impact proved to be fatal to one of the actions,...more
2/18/2022
/ Article III ,
Breach of Contract ,
Breach of Duty ,
Consumer Financial Products ,
Deutsche Bank ,
Fiduciary Duty ,
Financial Services Industry ,
Investors ,
Mortgages ,
Representations and Warranties ,
RMBS ,
Standing ,
Statute of Limitations ,
Time-Barred Claims
On March 30, the Supreme Court of the United States will hear oral arguments in TransUnion LLC v. Ramirez. This case marks the first time the Court will address the residual question in Spokeo, Inc. v. Robins — what about...more
3/3/2021
/ Article III ,
Class Action ,
Class Members ,
Corporate Counsel ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
As the real-life consequences of climate change accelerate and become more pronounced, so does the need for businesses and government entities to consider various practical effects. Corporations are facing significant...more
2/12/2021
/ Article III ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Due Process ,
Environmental Social & Governance (ESG) ,
Fifth Amendment ,
Fossil Fuel ,
Loss of Liberty ,
Popular ,
Publicly-Traded Companies ,
Standing ,
Sustainability
COVID-19 class actions continue to increase and are expected to spread to additional areas of law. Higher education has been one of the prime subjects of class actions thus far. To date, over 250 class action lawsuits have...more
2/10/2021
/ Article III ,
Breach of Contract ,
Class Action ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Refunds ,
Standing ,
Tuition ,
Universities ,
Unjust Enrichment
In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But...more
7/12/2016
/ Article III ,
Corporate Counsel ,
Credit Cards ,
Credit Unions ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
FTC Act ,
Hackers ,
Home Depot ,
Interlocutory Appeals ,
Negligence ,
Personally Identifiable Information ,
Popular ,
Section 5 ,
Standing ,
Unfair or Deceptive Trade Practices
The U.S. Supreme Court held Monday that the Ninth Circuit erred when it ruled consumers can sue companies without alleging actual injury. The Supreme Court ruled that a consumer could not sue Spokeo Inc. for mere technical...more