The U.S. Court of Appeals for the Fifth Circuit recently reversed the class certification order of a trial court, finding sua sponte that the plaintiff lacked standing to bring a claim against a debt collection law firm under the federal Fair Debt Collection Practices Act (FDCPA).
Posts tagged as “Class Actions”
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s dismissal of a class-action lawsuit at the summary judgment stage for lack of Article III standing.
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.
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s denial of a plaintiff counsel’s motion for attorney’s fees, finding the firm’s prioritization of their interests over those of the class cut off any entitlement to attorney’s fees.
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.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s grant of summary judgment in favor of the defendant bank in an action brought under the federal Telephone Consumer Protection Act.
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.
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.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s denial of class certification in a federal Telephone Consumer Protection Act putative class action, holding that common issues of consent did not predominate.
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.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s ruling remanding the case to state court based on the federal Class Action Fairness Act’s “local controversy” exception, finding the trial court erroneously applied the exception.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a motion to remand to state court a putative class action removed to federal court under the federal Class Action Fairness Act.