Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
Law School Toolbox Podcast Episode 313: Listen and Learn -- The Basics of Justiciability (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Bar Exam Toolbox Podcast Episode 110: Listen and Learn -- The Basics of Justiciability (Con Law)
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Podcast: Texas v. United States of America
Supreme Court’s Rulings On Same-Sex Marriage Spark Many Questions On Employee Benefits
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
Same-Sex Marriage Cases in 90 Seconds
PAGA Generally - Prior to 2004 employees could sue employers for damages or statutory penalties for Labor Code violations and only the state could sue for civil penalties. In 2004 the California Legislature enacted the...more
In Kim v. Reins, the Supreme Court was faced with the following question: Do employees lose standing to pursue a PAGA claim if they settle and dismiss their individual claims for Labor Code violations? To the surprise of many...more
On March 12, 2020, the California Supreme Court in Kim v. Reins International California Inc. determined that an individual employee who released his individual claims nonetheless retained standing to pursue his claims under...more
On October 4, the Eleventh Circuit agreed to review en banc a panel decision holding that a consumer’s heightened risk of identity theft is enough to establish Article III standing. Named plaintiff David Muransky filed a...more
On April 22, 2019, the Eleventh Circuit held in Muransky v. Godiva Chocolatier, Inc. that a plaintiff who claimed to have suffered a heightened risk of identity theft when the defendant printed a receipt containing too many...more
Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins. That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that...more
We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class...more
The Northern District of Illinois cleared the way for a plumbing company’s putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants’ motions to dismiss, which were inspired...more
Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more
A recent district court opinion from Michigan makes clear that statutory violations of the FDCPA do not absolve a plaintiff from the need to show a concrete injury in order to establish Article III standing. In Johnston v....more
Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more
In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more
Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live...more
On Wednesday, January 20, in a 6-3 ruling, the U.S. Supreme Court held that an unaccepted settlement offer, or offer of judgment pursuant to Federal Rule of Civil Procedure 68, cannot moot a plaintiff's case. The ruling...more
The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more
Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more
What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone...more
On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer of judgment sufficient...more
In recent years many defendants facing putative class action lawsuits in federal court have sought to neutralize these lawsuits by offering total relief to all named plaintiffs before the district court issues a ruling on...more
As we have previously noted, federal appellate courts have been split on whether a defendant can moot a class action by making a Rule 68 offer of judgment, agreeing to pay all of the damages to which the named plaintiff seeks...more
Today the U.S. Supreme Court ruled 6-3 that a company’s unaccepted offer of complete relief to a named plaintiff in a putative class action does not moot the plaintiff’s case. Before the ruling, authored by Justice Ruth Bader...more
On Wednesday, January 20, 2016, the United States Supreme Court resolved the split between Circuits over whether an unaccepted offer of judgment, that would provide complete relief to a plaintiff, destroys a plaintiff’s...more
Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more
SPECIAL FOCUS: FTC Conducts Workshop on Consumer Protection Issues in Lead Generation - On Friday, October 30, 2015, the Federal Trade Commission hosted a full-day public workshop to explore consumer protection issues...more
Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it...more