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SCOTUS agrees to review FCRA class action judgment where most class members suffered no actual injury

The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more

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

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

Supreme Court Agrees to Decide Enforceability of Class Action Waivers in Employment Agreements

The U.S. Supreme Court has agreed to decide an important issue that has deeply divided the Courts of Appeals—are arbitration provisions in employment agreements that waive an employee's right to bring or participate in class...more

"Real" Harm Required To Recover Statutory Damages, U.S. Supreme Court Rules

In a long-anticipated and significant decision, the U.S. Supreme Court has ruled 6-2 that a plaintiff alleging a violation of the Fair Credit Reporting Act (FCRA) does not have standing under Article III of the U.S....more

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

Supreme Court Allows Use of Statistical Sampling in Class Actions, But Only In Narrow Circumstances

The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more

Supreme Court Denies Certiorari in Closely Watched Consumer Class Action Case

In its first conference since the death of Justice Antonin Scalia, the U.S. Supreme Court declined to hear an important Seventh Circuit case that emphatically rejected a ''heightened'' standard for ascertaining class members...more

Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Claims, SCOTUS Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

Third Circuit Clarifies Article III Standing for Absent Class Members, Impact of Comcast

In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more

11th Circuit: Rule 23 Trumps State Law Limitation on Class Actions

Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

U.S. Supreme Court To Decide If Statutory Damages Are Recoverable Even Without Any Actual Harm

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more

Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

State Attorney General Lawsuit Not Removable under CAFA, Supreme Court Holds

Resolving a conflict in the circuits, the U.S. Supreme Court has unanimously ruled that a parens patriae action brought by a state attorney general is not removable from state to federal court as a “mass action” under the...more

1/15/2014  /  CAFA , Class Action , Parens Patriae , Removal , SCOTUS

Court of Appeals Reaffirms Class Certification after Supreme Court Remand

The U.S. Court of Appeals for the Seventh Circuit last week reaffirmed its prior decision in favor of class certification in a breach of warranty case involving washing machines....more

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

U.S. Supreme Court Renders Its First CAFA Decision

In its first opinion interpreting the Class Action Fairness Act (CAFA), the U.S. Supreme Court has unanimously held that a class representative cannot prevent removal of a class action from state to federal court by...more

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