The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more
4/2/2019
/ Appeals ,
Article III ,
Class Action ,
Corporate Counsel ,
Debit and Credit Card Transactions ,
FACTA ,
Identity Theft ,
Injury-in-Fact ,
J Crew ,
Retailers ,
Spokeo v Robins ,
Standing ,
Statutory Violations
For the first time in more than a decade, the U.S. Department of Justice (DOJ) has exercised its authority under the Class Action Fairness Act (CAFA) to file an objection to a proposed settlement of a consumer class action....more
In China Agritech, Inc. v. Resh, the U.S. Supreme Court has agreed to decide an important and recurring class action issue that has divided the courts of appeals—does the tolling of the statute of limitations for class...more
Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more
After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more
3/2/2017
/ Article III ,
Attorney's Fees ,
Class Action ,
Corporate Counsel ,
Dismissal With Prejudice ,
FACTA ,
Financial Institutions ,
Financial Services Industry ,
Injury-in-Fact ,
Motion to Remand ,
Removal ,
Spokeo v Robins ,
Standing
In its first conference since the death of Justice Antonin Scalia, the U.S. Supreme Court declined to hear an important Seventh Circuit case that emphatically rejected a ''heightened'' standard for ascertaining class members...more
Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable...more