Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast
A federal district court judge has thrown out most of the claims that a group of artists asserted against artificial intelligence (AI) platforms that they claim used their work without permission. The case is Andersen et al....more
Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more
On January 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision to strike class allegations after only limited discovery....more
Takeaway: We have written several articles about motions to strike class action allegations. See, e.g., Motions to strike: Eighth Circuit reverses district court refusal to strike class allegations (July 29, 2021). In a...more
Earlier this month, a magistrate judge in the Northern District of California dealt another blow to the “kitchen sink” approach to pleading affirmative defenses. In Wesch v. Yodlee, Inc., Magistrate Judge Sallie Kim granted...more
Takeaway: As we have written on a number of occasions, many courts instinctively have a negative view of motions to strike class allegations. Still, a motion to strike can be a viable strategy for a class defendant faced with...more
On June 3, 2021, in Donelson v. Ameriprise Financial Services, Inc., a panel of the U.S. Court of Appeals for the Eighth Circuit ordered class-action allegations in a putative securities fraud class action stricken on the...more
Rhode Island Federal Court Dismisses Securities Class Action Against CVS Arising From Statements Made After Omnicare Acquisition; SEC Division of Corporation Finance Suggests Companies Issue Additional Disclosures When...more
Seyfarth Synopsis: The U.S. District Court for the Western District of Wisconsin recently cast doubt on employers’ ability to strike the class allegations in a complaint early in litigation. ...more
A federal court recently struck nationwide class allegations at the pleadings stage after determining that the plaintiff’s nationwide claims would be unmanageable given variations among state fraud and consumer protection...more
This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more
This edition focuses on rulings issued between November 16, 2017, and February 15, 2018. In this issue, we cover five decisions granting motions to strike/dismiss class claims, seven decisions denying such motions, 15...more
Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more
On August 12, 2016, Southern District of California Judge William Q. Hayes denied most of a motion to dismiss and motion to strike in Hunter v. Nature’s Way Products, LLC, Case No. 16cv532-WQH-BLM. The putative class action...more
In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more
In granting a recent motion to strike class allegations, the Northern District of Illinois made two notable observations about such motions: first, they are not disfavored, but rather an appropriate device for determining...more