The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites readers have come to expect, with timely coverage of financial services decisions and cases that impact you and your business. At the end of each month, our team will compile and send a round-up digest with all of our case summaries delivered to your inbox in one easy-to-reference place.
New Jersey District Court Underscores Limits of “Safe Harbor” Protection Under Regulation F
On May 7, 2024, the U.S. District Court for the District of New Jersey issued a decision holding that the use by a debt collector of the Model Form validation notice under Regulation F does not guarantee compliance with the requirements of 15 U.S.C. § 1692g or other sections of the FDCPA. Keep reading.
Massachusetts Federal Court Dismisses Borrower’s RESPA Claim After Borrower Fails to Plead Actual or Statutory Damages
In April 2024, the United States District Court for the District of Massachusetts held in a matter of first impression that a borrower must allege actual damages to qualify for relief under the Real Estate Settlement Procedures Act. Keep reading.
New York District Court: Legal Fees Sufficient for Standing in FDCPA Claims
On May 20, 2024, the United States District Court for the Southern District of New York issued a decision holding that legal fees resulting from violations of the Fair Debt Collection Practices Act constitute a cognizable monetary harm for the purpose of establishing constitutional standing. Keep reading.
Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration
The Ohio Eighth Appellate District found that a trial court erred by refusing to stay discovery pending a ruling on a motion to compel arbitration. In so ruling, the court first found that the FAA, and not Ohio’s Arbitration Act, governed because the issues arose out of employment agreements that relate to interstate commerce. Keep reading.
Alabama Supreme Court Decision: Former Mortgagees are Necessary and Indispensable Parties in Ejectment Action with Wrongful Foreclosure Counterclaims
In April 2024, the Alabama Supreme Court issued an opinion that significantly expands the application of Rule 19 of the Alabama Rules of Civil Procedure to post-foreclosure proceedings when it held that former mortgagees are necessary and indispensable parties in wrongful foreclosure actions. Keep reading.
FDUTPA Dismissal: Implications for Non-Consumer Plaintiffs
On April 4, 2024, the Middle District of Florida dismissed a non-consumer plaintiff’s Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claim for failure to plead injury to consumers. This ruling underscores the stringent requirements for non-consumer plaintiffs under the FDUTPA and highlights the challenges of navigating consumer protection laws in cases of alleged unfair competition. Keep reading.
JAMS Announces New Mass Arbitration Rules and Procedures
Following in the footsteps of the American Arbitration Association, JAMS recently announced the creation of its own mass arbitration procedures and guidelines, designed, in part, “to facilitate the fair, expeditious, and efficient resolution of mass arbitrations.” Keep reading.
Threshold Arbitrability Questions: SCOTUS Rules that Courts, Not Arbitrators, Must Decide Which Contract Governs
On May 23, 2024, the Supreme Court unanimously ruled that when parties have agreed to more than one contract – one that contains a clause sending threshold arbitrability questions to an arbitrator and one that sends those disputes to a court – a court must decide which contract governs. Keep reading.
