Financial institutions have been facing class action lawsuits regarding overdraft and return item (NSF) fees since the early 2000s. Initially, the lawsuits were focused on the largest national banks. Over time, plaintiffs’...more
About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially...more
11/18/2019
/ Affidavits ,
Class Action ,
Class Certification ,
Class Members ,
Commonality ,
Due Process ,
FRCP 23 ,
Injury-in-Fact ,
Predominance Requirement ,
Seventh Amendment ,
Uninjured Class Members
Yesterday, in a case that was being watched closely for its potential ramifications for class settlements, the Supreme Court opted not to address the merits of the cy pres issues that were presented to it....more
When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust...more
As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more
This week, Justice Gorsuch donned his black robes and began hearing arguments alongside his new colleagues on the Supreme Court. With his elevation to the high court, Justice Gorsuch assumes many new responsibilities. Some,...more
Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff...more
As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5,...more
5/6/2016
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Consumer Financial Products ,
Financial Services Industry ,
SCOTUS ,
Service Contracts ,
Unconscionable Contracts
On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more
10/9/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
Banking Sector ,
Banks ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Institutions ,
SCOTUS ,
Small Business
As my colleague Don Frederico noted in his January 24th post, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In so doing, the First...more
On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist. In what is a rare event in the class action context, the Court handed down a unanimous decision in...more