On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt...more
12/18/2020
/ Appellate Courts ,
Burden of Proof ,
Class Action ,
Debt Collection ,
Evidentiary Hearings ,
FDCPA ,
HOA Dues ,
Putative Class Actions ,
SCOTUS ,
Spokeo v Robins ,
Subject Matter Jurisdiction
The U.S. Supreme Court today decided unanimously that, when cases are consolidated under Fed. R. Civ. P. 42(a), they nevertheless remain separate cases. In Hall v. Hall, No. 16-1150, two separate cases had been consolidated...more
The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more
1/24/2018
/ 42 U.S.C. §1983 ,
Artis v District of Columbia ,
Breach of Contract ,
Civil Rights Act ,
Discrimination ,
Dismissals ,
Fourth Amendment ,
SCOTUS ,
Split of Authority ,
State Law Claims ,
Title VII ,
Tolling
This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more
The U.S. Supreme Court’s decision today in Midland Funding, LLC v. Johnson, 581 U.S. ___, No. 16-348, draws attention in passing to a peculiar feature of Wisconsin law on the effect of statutes of limitations. The 5-3...more
The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court granted certiorari today in a case that will resolve whether defendants...more