The U.S. Court of Appeals for the Eleventh Circuit recently held that a trial court's denial of a motion for class certification was an abuse of discretion because the trial court’s analysis of Rule 23(b)(3)’s predominance requirement was based on its erroneous interpretation of the second option in section 1681n(a)(1)(A) of the federal Fair Credit Reporting Act as requiring a showing of actual damages.
Posts tagged as “Eleventh Circuit”
The U.S. Court of Appeals for the Eleventh Circuit recently held that, consistent with rulings as to an identical New York law, the one-year period to make a demand for a refund of a fraudulent wire transfer under Florida Statutes § 670.202 may be not modified by contract.
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 Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair.
The U.S. Court of Appeals for the Eleventh Circuit recently reversed a trial court’s dismissal of a consumer’s complaint against a mortgage servicer brought under the federal Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
The U.S. Court of Appeals for the Eleventh Circuit recently vacated a trial court’s ruling granting summary judgment in favor of a mortgage servicer and against the federal Consumer Financial Protection Bureau (“CFPB”) based on res judicata.
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 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.
On their own initiative, the active judges of the U.S. Court of Appeals for the Eleventh Circuit have taken a vote and will hear the appeal, en banc, in Hunstein v. Preferred Collection and Management Services, Inc.
The U.S. Court of Appeals for the Eleventh Circuit recently ruled that a debtor’s appeal of a sale order was statutorily mooted by Subsection 363(m) of the Bankruptcy Code.
Costumes, candy, and frightening movie sequels often mark the end of October. Just in time for Halloween, the U.S. Court of Appeals for the Eleventh Circuit released its own scary sequel with its substituted opinion in Hunstein v. Preferred Collection and Management Services, Inc.