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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more

U. S. Supreme Court to Consider Article III Standing for Absent Class Members in Review of Ninth Circuit Decision

The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money...more

New York Proposes Bill to Expand Business Interruption Coverage for COVID-19 Losses

New York is the latest state to propose legislation intended to expand business interruption insurance coverage.  Introduced by Assembly Member Robert C. Carroll and co-sponsored by eight fellow legislators, A10226 (the...more

Business Interruption Coverage for COVID-19-Related Losses under Commercial First-Party Property Policies

Losses arising from COVID-19-related closures and curtailment of activities have caused businesses to analyze whether their insurance policies cover business interruption. ...more

Ninth Circuit Rules That Users, Not Consumers, Must Prove an Authorized Purpose for Obtaining a Consumer Report

Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more

Industries Seek Uniform Federal Privacy Law To Preempt Inconsistent Patchwork of State Laws

On Thursday, July 11, 2019, a diverse group of trade associations spanning numerous industries, including retail, telecom, manufacturing, and food and beverage, urged Congress to enact a consumer privacy law. In a letter to...more

In Moran, Dissent Sets Up Arguments for Other Circuits to Find Dismissals Are Adverse Events

The Fair Credit Reporting Act (“FCRA”) bars consumer reporting agencies from reporting civil suits, civil judgments, records of arrest, and other “adverse items” more than seven years after they occur. In a recent decision in...more

Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context

Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact...more

Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer

Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more

Statutory Text or Discovery Rule? SCOTUS to weigh in on Rotkiske v. Klemm

Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations under the Fair Debt Collections Practices Act...more

Eighth Circuit Alert: District Courts Must Determine Article III Standing Before Approving Class Settlements

On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements....more

Article III Standing To Remain A Rigorous Federal Court Impediment For Plaintiffs Who Allege Damages Limited To Technical...

Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S .Ct. 1540 (2016), are...more

The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate...

Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may...more

For Civil Litigants, Confusion About The Effect Of The Federal Government Shutdown

On Monday, as the partial government shutdown entered its third week, the Administrative Office of the U.S. Courts (“AOC”) announced its intention to continue paid operations through January 18, extending its previous...more

BIPA: Exemptions May Be On The Horizon For The Decade-Old Statute

In light of the recent uptick in litigation involving the decade-old Illinois Biometric Information Privacy Act (BIPA), the Illinois state legislature is now considering amending the Act to allow for business efficiency and...more

CFPB Commotion Continues: Leandra English Resigns from CFPB Deputy Director Post

On July 6, 2018, Leandra English, through her attorney via Twitter, announced she would be resigning from the Consumer Financial Protection Bureau (“CFPB”)....more

An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision

On June 21, 2018, in deciding a motion to dismiss a complaint brought the Consumer Financial Protection Bureau (“CFPB”)and the State of New York, Judge Loretta Preska of the U.S. District Court for the Southern District of...more

Limiting Class Action Tolling: Supreme Court Rules That Filing A Class Action Does Not Toll The Limitations Period For Successive...

In China Agritech, Inc. v. Resh, the Supreme Court earlier this month held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive...more

Supreme Court Rules That Class Actions Do Not Toll the Limitations Period For Successive Class Actions

In China Agritech, Inc. v. Resh, the Supreme Court recently held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive class...more

D.C. Circuit Questions English’s Standing To Challenge CFPB Control

The battle for control of the Consumer Financial Protection Bureau (“CFPB”) raged on last Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump....more

States Moving To Fill Perceived Void In CFPB Enforcement

In response to “the void left by the Trump Administration’s pullback of the [CFPB],” the New Jersey Attorney General recently announced that Paul R. Rodriguez will be serve at the Director of the New Jersey Division of...more

California Federal District Court Does Not ‘Like’ Facebook’s Standing Argument In Illinois Biometric Information Privacy Act Case

Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more

Branch v. GEICO: The Convergence Of Class Certification And Article III Standing

On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more

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