News & Analysis as of

Article III

Weil, Gotshal & Manges LLP

Class Action Monitor - December 2018

by Weil, Gotshal & Manges LLP on

In This Issue: - Amendments to Rule 23 and New Procedural Guidance from N.D. Cal. May Impact Class Action Settlements - Will Article III Standing Prevent the Supreme Court from Providing Clarity on Class Action Cy Pres...more

Farrell Fritz, P.C.

Outlawing of LLC’s Short-Term Rental Business Brings Long-Term Litigation

by Farrell Fritz, P.C. on

After two years, 300+ docket entries, and 12 motions, a lawsuit among members of a Delaware LLC that owned a 5-story apartment building on Manhattan’s Upper East Side (the “UES Building”) acquired to provide short-term...more

Womble Bond Dickinson

FCRA Disclosures: Too Much Information, Not Enough, or Just Right?

by Womble Bond Dickinson on

The Northern District of California recently considered a case where a plaintiff alleged that her employer’s FCRA disclosure both had too much information and too little. Soman v. Alameda Health Sys., No. 17-CV-06076-JD, 2018...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018

by Carlton Fields on

Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more

Womble Bond Dickinson

Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!

by Womble Bond Dickinson on

On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal...more

Epiq

Class Action Standing

by Epiq on

Putative class action claims often have the potential to reach individuals across state lines, therefore invoking multiple state laws. This can be an obstacle to class certification. Say a plaintiff files a lawsuit against a...more

Kramer Levin Naftalis & Frankel LLP

New York Appellate Court Ruling Eases Hurdle to Bringing Derivative Suits Against UK Companies in the New York Courts

by Kramer Levin Naftalis & Frankel LLP on

On Nov. 14, 2018, a New York appellate court held that in a derivative action brought in a New York court against a company incorporated in the United Kingdom, the plaintiff need not comply with U.K. Companies Act § 261(1)...more

Burr & Forman

Banking & Financial Services E-Note: November 2018

by Burr & Forman on

The Fair Debt Collection Practices Act ("FDCPA") provides that a consumer is entitled to "reasonable attorney's fees" as part of a "successful" claim. While courts have found that this provision mandates an award of...more

Ballard Spahr LLP

OCC and N.Y. State Department of Financial Services Trade Contentious Pre-Motion Letters in Fintech Charter Dispute

by Ballard Spahr LLP on

Attorneys for defendants, U.S. Comptroller and the Office of the Comptroller of the Currency (together “the OCC”), in the pending Southern District of New York lawsuit, Vullo v. OCC, submitted a letter to the court announcing...more

Moore & Van Allen PLLC

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

by Moore & Van Allen PLLC on

What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

Balch & Bingham LLP

Eleventh Circuit Breaks from Sister Circuits on Spokeo

by Balch & Bingham LLP on

Last month, the Eleventh Circuit revisited the U.S. Supreme Court’s controversial decision in Spokeo, Inc. v. Robins, and appears to have set a low bar for plaintiffs to clear in establishing standing....more

Holland & Knight LLP

The End of the Line: Federal Circuit Dismisses the Veterans Contracting Group SDVOSB Appeal as Moot

by Holland & Knight LLP on

On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more

Goodwin

New York Court Poised to Offer Interpretation of the Supreme Court’s Spokeo Standing Requirements

by Goodwin on

On September 14, 2016, defendant JPMorgan Chase Bank, N.A. (“Chase”) moved for summary judgment on plaintiff Tina Bellino’s putative class action complaint, which alleges that Chase violated New York state law by presenting...more

Womble Bond Dickinson

In Brief: Incidental “Advertisement” Language In a Fax Does Not Create a TCPA Violation

by Womble Bond Dickinson on

While the opinions are sometimes brief, the fun in TCPAland never is. In an extremely short opinion granting the defendant’s motion to dismiss, today the Ninth Circuit, in Supply Pro Sorbents v. Ringcentral, Inc., No....more

Farrell Fritz, P.C.

Is A Schedule K-1 By Itself Enough To Prove LLC Membership?

by Farrell Fritz, P.C. on

Let me say up front, I don’t claim to know the answer to the question posed in this post’s title, or pretend there’s a simple yes-or-no answer....more

Seyfarth Shaw LLP

IL Appellate Court Rules: New Landlord May Not be Entitled to Unpaid Rent

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Illinois Appellate Court ruled in favor of a commercial tenant after the new landlord attempted to collect accrued unpaid rent owed to the previous landlord, who had assigned the lease to the new...more

Bradley Arant Boult Cummings LLP

First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

by Bradley Arant Boult Cummings LLP on

In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is...more

Carlton Fields

The Bitter And The Sweet

by Carlton Fields on

On October 3, the Eleventh Circuit Court of Appeals affirmed the district court’s approval of a class settlement, an award of attorney’s fees to class counsel, and the provision of an incentive award for the class...more

Pierce Atwood LLP

In re Asacol Antitrust Litigation: Article III Standing In Multi-State Class Actions

by Pierce Atwood LLP on

In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. ...more

Carlton Fields

No Injury, No Problem?: The First Circuit Weighs In On Certification Where Absent Class Members Lack Harm

by Carlton Fields on

In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages. ...more

Burr & Forman

Florida’s Second DCA Clarifies on Standing if New Case is Commenced While the Clerk Possesses the Note

by Burr & Forman on

On October 31, 2018, Florida’s Second District Court of Appeal recently distinguished two of its prior opinions and held that a foreclosure plaintiff does not lose its standing as a holder of a negotiable instrument if it...more

Burr & Forman

State Banking Regulators Challenge OCC’s Nonbank Charter Program

by Burr & Forman on

On October 25, 2018, the Conference of State Bank Supervisors (CSBS) filed suit in the U.S. District Court for the District of Columbia challenging the Office of the Comptroller of the Currency’s (OCC) creation of a new...more

Bilzin Sumberg

Knowledge Is Not Power for Class Action Plaintiffs

by Bilzin Sumberg on

The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

by Nossaman LLP on

In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

Goodwin

Federal Circuit Orders Momenta to Show Cause in ORENCIA IPR Appeal

by Goodwin on

As we have previously reported, Momenta appealed a PTAB decision upholding the patentability of BMS’s U.S. Patent No. 8,476,239, relating to BMS’s ORENCIA® (abatacept) product. On October 1, 2018, Momenta informed the Court...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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