There is a continuing question regarding Article III standing for cases brought under the federal Telephone Consumer Protection Act in Florida.
To give the very quick recap: In 2019, the U.S. Court of Appeals for the...more
In a prior Law360 guest article, we addressed the issue of standing for Telephone Consumer Protection Act class actions in the U.S. Court of Appeals for the Eleventh Circuit. As we noted in the article, the metes and bounds...more
On July 27, the U.S. Court of Appeals for the Eleventh Circuit issued a precedential decision in Drazen v. Pinto, which centered on an "argument over the meaning of coupon settlements."
Originally published in Law360 on...more
A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class representative for a...more
In his iconic song, Ben E. King proclaimed that his darling could "Stand By Me." While it may seem far afield, the famous refrain from the song helps frame the questions around whether a business has standing to bring a claim...more
The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted. Whether it will lead to any...more
On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit's decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more
On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more
Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act...more
Regulators Demand Third-Party Risk Management -
While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention...more
4/18/2017
/ Article III ,
Clean Shares ,
Elder Abuse ,
Exploitation ,
Fiduciary Exception ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Injury-in-Fact ,
Insurance Industry ,
Insurance Litigation ,
Life Insurance ,
Mutual Funds ,
NAIC ,
Reinsurance ,
Sales Commissions ,
Securities and Exchange Commission (SEC) ,
Securities Settlement Cycles ,
Spokeo v Robins ,
Standing ,
Third Party Funding ,
Third-Party Risk ,
Unfair Competition Law (UCL) ,
Variable Annuities ,
Vulnerable Victims
The United States Supreme Court issued its decision in Spokeo, Inc. v. Robins on May 16, 2016. At the time, the degree to which the decision was a punt was somewhat underreported. The five-judge majority opinion actually...more
On May 16, the Supreme Court issued its Spokeo v. Robins decision. Spokeo was a closely-watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs sued for violations of...more
On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins. This had been a closely watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs sued for...more