The U.S. Court of Appeals for the Eighth Circuit recently held that the total amount of money received from a challenged practice can be used to satisfy the federal Class Action Fairness Act’s jurisdictional requirement of $5 million in controversy.
Posts published in “Class Actions”
Class Actions
The U.S. Court of Appeals for the First Circuit recently reversed the dismissal of a putative class action complaint for unfair and deceptive business practices under Massachusetts' Chapter 93A, holding that the action was not barred by a New York choice of law provision in the contract at issue.
The Supreme Court of Indiana recently reversed and remanded a trial court’s order compelling arbitration of two bank customers’ putative class action complaint. In so ruling, the Court held that the account agreement’s change-of-terms clause did not allow the defendant bank to add an addendum compelling arbitration and restricting class actions to the terms and conditions of the customers’ account agreement.
The U.S. Court of Appeals for the District of Columbia Circuit recently reversed and remanded a trial court’s order denying class certification, finding that the trial court improperly bypassed Fed. R. Civ. Pro. Rule 23’s prerequisites for class certification and based its denial of class certification entirely on the putative class’s “fail-safe” character.
A state court judge in Cook County, Illinois recently dismissed a class action lawsuit alleging violations similar to those asserted in Hunstein v. Preferred Collection and Mgmt. Services with prejudice for failure to state a claim under the federal Fair Debt Collection Practices Act (FDCPA).
The Illinois Supreme Court recently held that a separate claim accrues under the Illinois Biometric Information Privacy Act each time a private entity scans or transmits an individual’s biometric identifier or other protected information in violation of section 15(b) or (d) of BIPA.
The U.S. Court of Appeals for the Fourth Circuit recently reversed a trial court’s contrary ruling in a putative class action relating to a data breach and remanded the case back to state court for lack of Article III standing.
The U.S. Court of Appeals for the Eighth Circuit recently vacated a trial court’s judgment entered after trial in favor of the named plaintiff and a class of consumers for alleged violations of the federal Fair Debt Collection Practices Act and the Nebraska Consumer Protection Act due to lack of Article III standing.
The U.S. Court of Appeals for the Eighth Circuit recently vacated a trial court’s order remanding a defendant's removal to federal court of a putative class action under the federal Class Action Fairness Act. In so ruling, the Eighth Circuit held that CAFA did not contain a presumption that class action cases should be remanded to state court, and the trial court failed to properly consider a declaration provided by the defendant in support of the request for removal under CAFA.
After nearly a decade of litigation, the U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a putative class action brought against more than 20 international financial institutions alleging a conspiracy to manipulate Yen-LIBOR and Euroyen TIBOR rates.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random or sequential telephone numbers under the TCPA's plain text.
The U.S. Court of Appeals for the Ninth Circuit recently rejected several challenges to an attorney's fee award in connection with a class action settlement.