Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more
On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement, instead remanding the case back to the lower courts with...more
4/22/2019
/ Amicus Briefs ,
Article III ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
Frank v Gaos ,
Injury-in-Fact ,
Remand ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Statutory Damages
Circuit courts of appeal are solidifying the reach of the Supreme Court’s June 2018 decision in China Agritech v. Resh and curtailing the availability of equitable tolling in class contexts. The Supreme Court’s decision in...more
3/22/2019
/ American Pipe & Construction Co. v. Utah ,
Appeals ,
Ascertainable Class ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Representatives ,
Equitable Tolling ,
Rule 11 ,
Sanctions ,
Statute of Limitations ,
Tolling
As the saying goes: “Everything in moderation— especially communications from defendant employers to putative members of a class action suit.”
While this might not be exactly how the saying goes, a trial court in...more
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
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
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more
The consumer financial services industry is wondering how the sudden passing of United States Supreme Court Justice Antonin Scalia will affect the pending Spokeo, Inc. v. Thomas Robins case. Spokeo is a key case dealing with...more
There is little doubt that large class action lawsuits are a content aggregator’s worst nightmare. This especially holds true for those who transact significant amounts of data which may include government-created public...more
In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co. overcharged refinance customers for their title insurance....more