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Will the End of Chevron Deference Be a Sea Change for Consumer Financial Services Industry?

On June 28, 2024, the Supreme Court decided Loper Bright Enterprises v. Raimondo, overturning its own 40-year-old Chevron v. Natural Resources Defense Council decision. In Chevron, the Supreme Court articulated the so-called...more

Supreme Court Sidesteps Class Settlement Issue to Remand, Questioning Article III Standing Under Spokeo

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

China Agritech: The Supreme Court Ends Class Action “Stacking”

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

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

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

Will The Supreme Court Allow Class Action Stacking?

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

Supreme Court Will Not Look at Spokeo Again, Leaving Lower Courts to Grapple with Article III Uncertainties

On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals’ recent decision in the storied Spokeo, Inc. v. Robins case. In 2016, the Supreme...more

Supreme Court Vacancy Leaves Spokeo Outcome Even More Uncertain

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

Are Aggregators of Government-Created Data the Next Target for Large Class Action Lawsuits?

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

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