Just when you thought litigating Telephone Consumer Protection Act (TCPA) class actions was as unsafe as it could get for defendants, the Ninth Circuit said, “Not so fast.”
In McKesson v. True Health, two chiropractic...more
4/1/2019
/ Affirmative Defenses ,
Amicus Briefs ,
Burden of Proof ,
Class Action ,
Class Certification ,
Class Members ,
Consent ,
FRCP 23(b)(3) ,
Petition for Writ of Certiorari ,
Predominance Requirement ,
Reversal ,
TCPA ,
Unsolicited Faxes
All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the...more
On Monday, the Second Circuit overturned a jury verdict and $1.27 billion penalty against Bank of America imposed under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1833a....more
5/25/2016
/ Bank of America ,
Breach of Contract ,
Burden of Proof ,
Countrywide ,
False Claims Act (FCA) ,
Fannie Mae ,
FIRREA ,
Fraud ,
Intent ,
Jury Verdicts ,
Penalties