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Posts published in “Class Actions”

Clas Actions

1st Cir. Holds Reference to ‘Auction Price’ Rather Than ‘Fair Market Value’ Insufficient for Deficiency Notice

The U.S. Court of Appeals for the First Circuit recently held that, at least under the Massachusetts version of the UCC, automobile post-repossession and post-sale notices must expressly advise the borrower that any deficiency will be calculated using the difference between the amount owed on…

11th Cir. Upholds Approval of FACTA Class Settlement Despite Non-Lodestar Class Counsel Fees, Other Issues

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a class settlement where the defendant allegedly violated the federal Fair and Accurate Credit Transactions Act (FACTA) by printing point-of-sale credit card receipts that included more than the last five digits of the card…

Missouri Supreme Court Denies Arbitration Where Chosen Arbitrator No Longer Available

The Supreme Court of Missouri recently affirmed the denial of a lender’s motion to compel arbitration of a consumer’s putative class claims because the arbitration provision at issue designated the use of a specific arbitrator which was no longer available to handle creditor claims. A…

9th Cir. Holds Class Counsel Fee Award Improperly Failed to Treat Credits as ‘Coupons’ Under CAFA

The U.S. Court of Appeals for the Ninth Circuit held that the trial court erred in awarding $8.7 million in attorneys’ fees in a class action settlement because it did not treat $20 credits issued as part of the settlement as “coupons” under the Class…

8th Cir. Holds CAFA Amount in Controversy Includes Future Attorney’s Fees Incurred After Removal

The U.S. Court of Appeals for the Eighth Circuit held that a plaintiff could not defeat federal jurisdiction under the Class Action Fairness Act based on a pre-class certification damages stipulation limiting attorney’s fees to ensure that the amount in controversy remained under CAFA’s $5…

9th Cir. Holds CAFA Amount in Controversy Includes Future Attorney’s Fees Incurred After Removal

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s order remanding a putative class action lawsuit to state court on the ground that the defendant removing party failed to prove that the amount in controversy exceeded $5 million, as required…

8th Cir. Holds TCPA Plaintiff Lacked Standing, but Case Should Be Remanded Not Dismissed With Prejudice

The U.S. Court of Appeals for the Eighth Circuit held that a plaintiff lacked standing to pursue an alleged violation of the Telephone Consumer Protection Act (TCPA) against a defendant that supposedly did not provide a proper opt-out notice in its advertisement faxes because the…