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.
Posts tagged as “Class Actions”
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 Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act, only issuing three opinions.
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.
The U.S. Court of Appeals for the Ninth Circuit recently upheld the dismissal of a putative class action for alleged violation of the federal Telephone Consumer Protection Act.
The California Court of Appeal, Fourth Appellate District, recently held that a group of senior citizen consumers were required to pursue administrative remedies before suing private companies to challenge their tax assessments billed under the state's Property Assessed Clean Energy program (PACE).
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court's ruling that a credit union’s fee practices did not breach its contract with a customer. In so ruling, the Seventh Circuit held that the credit union did not make any promises not to use the "available balance" method to assess nonsufficient fund (NSF) fees or not to charge multiple fees when a transaction is presented to it multiple times.
The U.S. Court of Appeals for the Third Circuit recently affirmed a trial court’s dismissal of a putative class action complaint alleging that the defendant debt buyer violated the federal Fair Debt Collection Practices Act (FDCPA) by trying to collect interest supposedly in excess of limits imposed under Pennsylvania law.
The U.S. Court of Appeals for the Third Circuit recently overturned a $3.7 million attorney fee award in a class action settlement.
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.