On November 1, the Northern District of California announced new Procedural Guidance for Class Action Settlements, aimed at increasing transparency in class settlements and the disbursement of class settlement funds. The Guidance is consistent with, but broader than, the latest amendments to Rule 23 of the Federal Rules of Civil Procedure, effective December 1,
On November 13, Spirit Airlines Inc. filed a petition for writ of certiorari asking the United States Supreme Court to resolve a federal circuit split regarding arbitration of Spirit’s dispute with members of its $9 Fare Club.
In May 2017, members of Spirit’s $9 Fare Club filed a class arbitration claim against Spirit, contending
Finally, at last, the end may be near,
For the multiple class actions that Yahoo did bear.
Arising from three data breaches that occurred in the past,
A proposed settlement has been reached, let’s start with the class.
The proposed settlement class under Rule 23,
Includes residents and small businesses, both U.S.
Effective December 1, important changes are coming to the Federal Rules of Civil Procedure, including:
In an ominous sign, Americans’ total debt hit another record high, rising to $13.5 trillion in the last quarter, as student loan delinquencies jumped, according to Reuters. Specifically, flows of student debt into serious delinquency – of 90 or more days – rose to 9.1 percent in the third quarter from 8.6 percent in
As Congress’ emboldened majority has sought to lessen the federal government’s regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
In 2017, two congressmen introduced two bills which, if enacted, would expand the scope of federal preemption to include non-bank entities. Introduced by Rep. Patrick McHenry (R-N.C.), the
On November 16, Sen. John Thune (R-S.D.), the current chairman of the Senate Commerce Committee, and Ed Markey (D-Mass.), a member of the committee and the author of the Telephone Consumer Protection Act, unveiled the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”). Among other things, this bill would require carriers to eventually
The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a
The Eleventh Circuit recently held that consumers were properly compelled to arbitration, and a putative class action was properly dismissed based on an arbitration provision and class action waiver conspicuously appearing on the product’s packaging.
In Dye v. Tamko Building Products, Inc., homeowners filed a class action complaint against Tamko, alleging that the company’s
On October 31, the Supreme Court heard oral argument in Frank v. Gaos (No. 17-961), a case challenging the use and limits of cy pres deals in class action lawsuits.
Cy pres disbursements, which distribute unclaimed settlement proceeds to certain designated organizations when such funds cannot be feasibly distributed to class members, have been a