News & Analysis as of

SCC Weighs-In on Consumer Protection Remedies in Quebec Class Actions

On September 19, 2014, the Supreme Court of Canada released a trilogy of decisions examining the standing of representative plaintiffs and the availability of consumer protection legislation in the class action context....more

California District Court Rejects Class Action Settlement Due To Fee, Enhancement, and Other Issues

Do your homework before you seek approval of a class action settlement! Meals on airlines have all but disappeared for anyone other than those in first class, but the company Sky Chefs contends on its website that it...more

District Court Relies on Fee Disclosure Regulation to Dismiss Complaint

A federal district court in New York last month dismissed a class action complaint brought by a company sponsoring a 401(k) plan. The plaintiff, in Skin Pathology Associates v. Morgan Stanley, alleged, among other claims,...more

EDNY Judge Substantially Narrows Claims In Consolidated Overdraft Class Actions

On March 5, the U.S. District Court for the Eastern District of New York held that the named plaintiffs lack standing to bring claims in a multidistrict class action alleging illegal overdraft practices by a national bank. In...more

Financial Services Law - Feb 10, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

Ninth Circuit Affirms Dismissal Of Credit Card Fee Constitutional Challenge

On January 21, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a constitutional challenge to certain credit card fees. In re Late Fee and Over-Limit Fee Litig., No. 08-15218, 2014 WL...more

Financial Services Law - Jan 30, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

S.D.N.Y. Dismisses Putative TILA Class Action Based On Credit Card Billing Practices

On October 18, the United States District Court for the Southern District of New York dismissed a putative TILA class action alleging that a bank made improper interest rate disclosures on credit card bills and assessed...more

Seventh Circuit Again Grants Class Certification In Excessive Fee Case

On remand from the Seventh Circuit, a federal district court in Illinois granted class certification in a case where participants in a Boeing 401(k) plan alleged that Boeing breached its fiduciary duties under ERISA by: (i)...more

In Abbott, Seventh Circuit Refines Applicability of Class Action Device in Defined Contribution Challenge

In its continuing analysis of when a class may be certified in a case alleging breach of fiduciary duties with respect to a defined contribution plan, the Seventh Circuit, in Abbott v. Lockheed Martin Corporation, reversed...more

Seventh Circuit Says “Smallness” Is Not a Bar to Class Certification

In what it describes as an effort to advance the law of class certification, the Seventh Circuit last week issued a decision, written by Judge Posner, that many would say does just the opposite. ...more

Are Courts Becoming More Willing to Carefully Scrutinize Claims for Fees?

In Ellis v. Toshiba America Information Systems, Inc., C.A. 2nd/1, DAR p. 10497, plaintiffs counsel, after settling a class action, initially requested over $24 million in attorneys' fees. However, the court not only denied...more

Ninth Circuit Reverses Class Action Coupon Settlement Because Attorneys Were Awarded Fees Based on Hours Worked Rather Than Coupon...

On May 15 a Ninth Circuit panel reversed the district court’s approval of a class action settlement, holding that attorney’s fees awarded in connection with a coupon for the class members must be tied to actual redemption of...more

Previously Banned Fees Charged to Consumers Now Permissible for Visa and MasterCard Transactions

In November 2012, the U.S. District Court for the Eastern District of New York preliminarily approved a settlement agreement in the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. As a result,...more

The Death Knell of ATM “Notice” Lawsuits

The banking industry, particularly community banks, have been plagued over the past three years with lawsuits alleging that an exterior fee notice was not present on their automatic teller machines. The suits seek to certify...more

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