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Posts published in “Class Actions”

Class Actions

2nd Cir. Rejects Standing, Conflict of Interest, Service Award, and Other Objections to Class Settlement Against Student Loan Servicer

The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s certification and approval of a class settlement involving claims by student loan borrowers against their loan servicer.

11th Cir. Vacates $35 Million TCPA Class Settlement on Article III Standing Grounds

In an appeal of a $35 million federal Telephone Consumer Protection Act class action settlement initially involving a dispute over coupon settlements, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded the trial court's approval of the class action settlement due to Article III standing problems with the settlement class.

8th Cir. Affirms Remand of Putative Class Action Under CAFA on Lack of Amount in Controversy

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order remanding a putative class action suit to state court. In so ruling, the Eighth Circuit held that when a plaintiff contests the amount in controversy after removal, the party seeking to remove under the federal Class Action Fairness Act must establish the amount in controversy by a preponderance of the evidence. 

Maryland High Court Rules CLEC Requires Forfeiture of Treble the Prohibited Interest and Fees Collected

The Maryland Court of Appeals, the state’s highest court, recently held that under Maryland Commercial Law Article § 12-1018(b), a credit grantor that knowingly violates the Maryland Credit Grantor Closed End Credit Provisions is required to forfeit treble the amount of interest, fees, and charges collected in violation of the subtitle.

9th Cir. Denies Plaintiffs’ Remand Motion, Holds FCRA ‘Informational and Privacy Interests’ Sufficient for Standing

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency. 

Mass. SJC Holds Attorney for Deceased Named Putative Class Plaintiff Could Not Act for Putative Class

The Massachusetts Supreme Judicial Court, the state’s highest court, recently held that (1) the attorney for a named putative class plaintiff who is deceased does not have authority to act on behalf of the deceased plaintiff absent a motion by the deceased’s legal representative; and (2) in limited circumstances, trial courts may sua sponte order notice to putative class members prior to certification only when absent notice the putative class members would face significant prejudice.