Latest Posts › Class Action

Share:

Supreme Court Limits American Pipe Class Action Tolling

Resolving a conflict in the courts of appeals, the U.S. Supreme Court unanimously ruled yesterday that after a denial of class certification, a putative class member may not file a successive class action beyond the...more

Reasonable Notice to Consumer Required for Enforcement of Arbitration Clause

Addressing an important contract-formation issue that has divided federal courts, the U.S. District Court for the Western District of Pennsylvania recently denied a company's motion to compel arbitration because the consumer...more

Supreme Court to Decide Permissibility of Cy Pres Awards in Class Action Settlements

The U.S. Supreme Court has agreed to decide whether parties to a class action may agree to a settlement that confers cy pres awards upon various nonprofit institutions and organizations, but provides no monetary relief for...more

PLI 23rd Annual Consumer Financial Services Institute, Chicago session – 25% discount available

The second presentation of the 23rd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, will take place in Chicago on May 7-8, 2018.  ...more

DOJ to Take Closer Look at Fairness of Proposed Class Action Settlements

For the first time in more than a decade, the U.S. Department of Justice (DOJ) has exercised its authority under the Class Action Fairness Act (CAFA) to file an objection to a proposed settlement of a consumer class action....more

U.S. Supreme Court Rejects Second Bid for Review in Spokeo

The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more

Supreme Court Agrees to Decide Whether Statute of Limitations Bars Successive Class Actions

In China Agritech, Inc. v. Resh, the U.S. Supreme Court has agreed to decide an important and recurring class action issue that has divided the courts of appeals—does the tolling of the statute of limitations for class...more

CFPB Finally Acknowledges Arbitration Rule “Has No Force or Effect”

Two weeks after President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule, the CFPB has formally acknowledged Congress’ override of the rule under the...more

Director Cordray criticizes CRA override of CFPB arbitration rule

In a blog post last week, we noted that there had been no official statement from the CFPB about Congress’ override of the CFPB’s arbitration rule, which President Trump signed on November 1....more

Finance industry groups file dismissal notice in lawsuit seeking to overturn CFPB arbitration rule

The plaintiffs in the lawsuit filed by industry groups in a Texas federal district court against the CFPB to overturn the final arbitration rule have filed a Notice of Voluntary Dismissal....more

President Trump signs CFPB arbitration rule override

Yesterday, President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule. The House and Senate actions were taken pursuant to the Congressional Review Act...more

Cordray’s Letter to President Trump Distorts Impact of Arbitration Rule

CFPB Director Richard Cordray yesterday sent a letter to President Trump asking him to uphold the Bureau’s arbitration rule even though the Senate recently joined the House in authorizing a repeal of the rule under the...more

Senate overrides CFPB arbitration rule

We are pleased to report that the U.S. Senate voted last night, 51 to 50, to override the Consumer Financial Protection Bureau’s final arbitration rule.  The rule would have prohibited the use of class action waivers in...more

Congress Overrides CFPB Arbitration Rule

We are pleased to report that the U.S. Senate voted last night, 51 to 50, to override the Consumer Financial Protection Bureau's final arbitration rule. The rule would have prohibited the use of class action waivers in...more

Impact on military of CRA override of CFPB arbitration rule continues to be distorted

Enough is enough! I recognize that reasonable minds can differ with respect to whether the Senate should override the CFPB arbitration rule. However, it is inexcusable when plaintiffs’ lawyers and consumer advocates...more

Treasury Department Report Eviscerates CFPB Arbitration Rule

In a scathing report released yesterday, the U.S. Department of the Treasury concludes that the CFPB’s final arbitration rule “failed to meaningfully evaluate whether prohibiting mandatory arbitration clauses in consumer...more

Finance Industry Seeks to Preliminarily Enjoin CFPB Arbitration Rule

In an important development in the federal court lawsuit by industry groups seeking to overturn the CFPB’s arbitration rule, the plaintiffs recently filed a motion for a preliminary injunction. ...more

Noreika-Cordray Dispute Escalates as Senate Nears Vote on CFPB Arbitration Rule

Since last summer, Acting U.S. Comptroller of the Currency Keith A. Noreika and CFPB Director Richard Cordray have exchanged polar-opposite views on whether the CFPB’s final arbitration rule should be repealed....more

More details on finance industry’s CFPB arbitration rule lawsuit

As promised previously, here are further details on the lawsuit filed by industry groups against the CFPB to overturn the final arbitration rule.  The complaint largely mirrors our heavy criticism of the rule. ...more

Earlier deadline for Senate to pass CRA resolution to override CFPB arbitration rule

In a recent blog post, we estimated that, as a practical matter, November 16 was the last day on which the Senate could pass a resolution of disapproval under the Congressional Review Act to override the CFPB arbitration...more

What is the deadline for the Senate to pass a CRA resolution to override the CFPB’s arbitration rule?

Despite the filing of a lawsuit last Friday by a number of industry trade groups seeking to block implementation of the CFPB’s arbitration rule, we remain hopeful that the Senate will pass a resolution of disapproval under...more

Finance Industry Files Lawsuit to Overturn CFPB Arbitration Rule

The U.S. Chamber of Commerce, American Bankers Association, the Consumer Bankers Association, Financial Services Roundtable, American Financial Services Association, Texas Association of Business, Texas Bankers Association,...more

In A Stunning Rebuke To CFPB, OCC Finds Arbitration Rule Will Significantly Increase Cost Of Consumer Credit

In a September 20 report, the Office of the Comptroller of the Currency (OCC) seriously undermined the integrity and completeness of the CFPB’s empirical study of consumer arbitration that purports to be the foundation for...more

144 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide