Phillip Harris Jr. at Kilpatrick

A Practical Guide to Settling Class Action Cases on Appeal

This post provides practical guidance concerning the necessary procedures for maintaining a defendant’s appeal while seeking approval of a class settlement reached during the pendency of the appeal. There are commonly two...more

3/5/2018 / Appeals , Class Action , Class Certification , Corporate Counsel , FRCP 23(f) , Interlocutory Appeals , Young Lawyers

Following Federal Courts’ Lead, North Carolina Superior Court Dismisses No-Injury Class Action For Lack of Standing

The United States Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), which holds plaintiffs without concrete injury lack standing to sue in federal court, relies on federal constitutional and...more

12/5/2017 / Article III , Class Action , Corporate Counsel , Debit and Credit Card Transactions , FACTA , Injury-in-Fact , Point of Sale Terminals , Spokeo v Robins , Standing

Update: President Trump Sticks a Knife in the CFPB’s Arbitration Rule

Key Takeaway: For now, pre-dispute arbitration clauses with class action waivers are safe. On November 1, President Trump abrogated a Consumer Financial Protection Bureau (CFPB) rule that would have given consumers the...more

11/3/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Congressional Review Act , Consumer Contracts , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Financial Services Industry , Trump Administration

Following Razor-Thin Senate Vote, The Consumer Financial Protection Bureau Fails in Effort to Outlaw Class Action-Killing...

On October 24, 2017, the U.S. Senate passed a resolution disapproving the Arbitration Agreements Final Rule (“Rule”) enacted earlier this year by the Consumer Financial Protection Bureau (“CFPB”). The Rule sought to prohibit...more

10/27/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Consumer Contracts , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Financial Services Industry , Mandatory Arbitration Clauses

Ridgeway v. Walmart Stores, Inc. – A Reminder That There Are Few Bright Line Rules in Class Action Attorneys’ Fees Awards.

On September 14, 2017, the Northern District of California entered its order awarding attorneys’ fees to plaintiffs’ class action counsel in Ridgeway v. Walmart Stores, Inc., No. 08-cv-05221-SI, 2017 WL 4071293 (N.D. Cal....more

9/25/2017 / Attorney's Fees , Class Action , Fee-Shifting , Wal-Mart

The Future of Class Action Waivers in Financial Services Arbitration Clauses Remains Unclear

In a Legal Alert posted earlier this month, Kilpatrick Townsend’s Financial Institutions Team highlighted the key provisions of the Consumer Financial Protection Bureau’s Arbitration Agreements Final Rule, 82 Fed. Reg. 33210...more

8/1/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Consumer Contracts , Consumer Financial Products , Financial Services Industry , Mandatory Arbitration Clauses

What the Third Circuit’s Decision in Susinno Means for Spokeo-Based Standing Arguments in TCPA Cases

Telephone Consumer Protection Act (“TCPA”) plaintiffs often file putative class actions seeking potentially crippling statutory damages. Not surprisingly, TCPA defendants often seek an early dismissal based on Spokeo, Inc. v....more

8/1/2017 / Article III , Class Action , Injury-in-Fact , Spokeo v Robins , Standing , TCPA , Unsolicited Phone Calls

North Carolina General Assembly Strengthens Appeal Rights for Defendants Who Receive Adverse Class Certification Decisions

Background. On April 26, 2017, the North Carolina General Assembly overrode a gubernatorial veto to enact N.C. Session Law ch. 2017-7 (formerly HB-239) (the “Act”). The Act arose from a power struggle between the state’s...more

5/8/2017 / Appeals , Class Action , Class Certification , General Assembly , State and Local Government

What to Make of the Third and Seventh Circuit Dueling Spokeo Rulings in Recent Privacy Breach Class Actions

Spokeo-based challenges are now common in class actions alleging statutory violations. But disagreements remain concerning when Spokeo mandates dismissal for lack of Article III standing. Last week, two different federal...more

1/30/2017 / Article III , Class Action , Corporate Counsel , Data Breach , Fair Credit Reporting Act (FCRA) , Injury-in-Fact , Spokeo v Robins , Standing

Significant Changes in Store for Consumer Finance Businesses – What You Need to Know Now About the CFPB’s New Arbitration Rules

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued new proposed rules for consumer financial services contracts. The proposed rules have two major components. First, the proposed rules prohibit class...more

5/12/2016 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Consumer Financial Contracts , Consumer Financial Protection Bureau (CFPB) , Proposed Regulation

Phillip Harris Jr.

Kilpatrick

Popular Topics by This Author

Latest Publications