This week, in the closely watched case of China Agritech v. Resh, the U.S. Supreme Court issued an important class action ruling, holding that the tolling principles announced in its earlier American Pipe decision do not...more
6/14/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more
Parties have long argued over whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action fails to be certified for any...more
3/30/2018
/ American Pipe & Construction Co. v. Utah ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Notice Requirements ,
Pleading Standards ,
PLSRA ,
Putative Class Actions ,
Rules Enabling Act ,
SCOTUS ,
Shady Grove ,
Spokeo v Robins ,
Statute of Limitations ,
Tolling
Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the president’s authority is...more
5/31/2017
/ Administrative Agencies ,
Administrative Proceedings ,
Anti-Kickback Statute ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Director Removal ,
PHH Corp. v CFPB ,
Removal For-Cause ,
RESPA ,
Separation of Powers ,
Statute of Limitations
The legal challenge by PHH Corp. (PHH) to a June 4, 2015, decision by the director of the Consumer Financial Protection Bureau (Bureau) in connection with the Bureau’s enforcement proceeding against PHH has captivated the...more
10/19/2016
/ Administrative Appeals ,
Appeals ,
Article III ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Disgorgement ,
Enforcement Actions ,
Enforcement Guidance ,
Penalties ,
PHH Corp. v CFPB ,
Removal At-Will ,
Removal For-Cause ,
RESPA ,
Safe Harbors ,
Separation of Powers ,
Single Director ,
Standing ,
Statute of Limitations ,
UDAAP ,
Vacated
On April 12, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in PHH Corporation’s (PHH) milestone legal battle with the Consumer Financial Protection Bureau (Bureau). During the argument,...more
4/19/2016
/ Consumer Financial Protection Bureau (CFPB) ,
HUD ,
Kickbacks ,
Market Rate ,
Mortgage Insurance ,
Mortgage Lenders ,
Reinsurance ,
RESPA ,
Richard Cordray ,
Section 8(a) ,
Statute of Limitations
The Director of the Federal Consumer Financial Protection Bureau (CFPB), Richard Cordray, issued a decision yesterday in the first appeal of a Bureau administrative enforcement action.
Cordray’s decision upholds in part,...more
6/5/2015
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Consumer Financial Protection Bureau (CFPB) ,
Disgorgement ,
Dodd-Frank ,
Enforcement Actions ,
HUD ,
Injunctive Relief ,
Kickbacks ,
Mortgage Insurance ,
Referral Fees ,
Reinsurance ,
RESPA ,
Richard Cordray ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Title X