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No, You Can’t Use Discovery to Find a New Class Representative

In a consumer class action pending in California, the Ninth Circuit recently vacated a discovery order that would have forced Williams-Sonoma - prior to class certification - to identify all of its California customers who...more

Unlawful Detainer in Federal Court? It’s Not as Far Fetched as You Think

In the wake of the Supreme Court of Virginia’s decision in Parrish v. Fed. Nat’l Mortg. Ass’n, 292 Va. 44, 787 S.E.2d 116 (2016), foreclosure purchasers have faced increasing difficulty evicting borrowers who remain in the...more

How Does The CFPB Actually Litigate?

At the risk of kicking the CFPB while it’s down, a question worth asking is: how does it actually litigate once a “covered person”[1] decides to resist? Setting aside the noteworthy PHH case, the vast majority of enforcement...more

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