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Posts tagged as “Class Actions”

11th Cir. Holds CAFA Does Not Allow Appeals from Sua Sponte Remand Orders

The U.S. Court of Appeals for the Eleventh Circuit recently held that it did not have jurisdiction to consider a defendant’s motion for leave to appeal in a case that was previously removed to federal court pursuant to the federal Class Action Fairness Act after the federal trial court sua sponte remanded the case back to state court.

Calif. App. Court (1st Dist) Holds Bail Bond Premium Finance Agreements Are Consumer Credit

The Court of Appeal of the State of California, First Appellate District, recently affirmed a trial court's order enjoining a bail bonds company from enforcing bail bond premium financing agreements on a classwide basis on the ground that the statutory notice pursuant to California Civil Code section 1799.91 had not been provided.

2nd Cir. Upholds Dismissal of TCPA ‘Unsolicited Advertisement’ Putative Class Action

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a putative class action alleging that an unsolicited faxed invitation to participate in a market research survey in exchange for money was an "unsolicited advertisement" under the federal Telephone Consumer Protection Act.

9th Cir. Reverses Dismissal of Loan Officer’s Putative Class Claims Pursuant to Arbitration Agreement

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order dismissing a putative class action complaint and granting the defendant lender’s motion to compel arbitration pursuant to an arbitration agreement with the plaintiff loan officer.

3rd Cir. Clarifies Procedure for ‘Hybrid Wage-and-Hour’ Aggregate Litigation

In a “hybrid wage-and-hour” action brought by mortgage loan officers (MLOs), the U.S. Court of Appeals for the Third Circuit recently:  1) reiterated its prior holding that “an FLSA opt-in collective action is not, by its nature, incompatible with a parallel state law Rule 23 opt-out class action”, and 2) held that the trial court should not have required a trial in the FLSA opt-in collective action before deciding Rule 23 class certification on the parallel state-law claims.

9th Cir. Holds McGill Rule Did Not Bar Arbitration, Rejects Recent Contrary State Appellate Court Rulings

The U.S. Circuit Court of Appeals for the Ninth Circuit recently reversed a trial court's denial of a motion to compel arbitration under the Federal Arbitration Act (FAA) in a putative class action involving privacy and data-collection practices laws.

Maryland High Court Holds Property Inspection Fees Limited for Mortgage Lenders, Servicers, Assignees

The Maryland Court of Appeals – the state’s highest court – recently reversed a trial court’s dismissal of a putative class action alleging that a mortgage servicer and loan owner violated the Maryland Usury Law and Maryland Consumer Debt Collection Act by charging property inspection fees in connection with residential mortgage loans.