By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Res judicata/collateral estoppel barred plaintiffs from litigating tort claims in state court after those claims were dismissed in federal court under the gist of the action and economic loss doctrines. Order of the trial court affirmed.
By C. Ryan Barber | July 14, 2017
The Consumer Financial Protection Bureau and the OCC are fighting over a new rule that would curtail forced arbitration in the banking industry. Uber drivers win a class certification ruling. SEC Chairman Jay Clayton lays out his agenda. This is a weekly regulatory roundup from ALM and around the web.
By newyorklawjournal | New York Law Journal | July 13, 2017
Fraud Claims Survive Under Economic Loss Rule's Fraudulent Inducement Exception
By Kevin Freking | July 12, 2017
Republican lawmakers have overturned more than a dozen regulations issued under President Barack Obama. Now, they're looking to do the same to a rule that would let consumers band together to sue their banks or credit card companies rather than use a mediator to resolve a dispute.
By Todd Cunningham | July 11, 2017
With the finances of disgraced Fyre Festival concert promoter Billy McFarland very much in question, major investors in the concert-turned-fiasco are facing unexpected scrutiny and potential liability for the money lost.
By C. Ryan Barber | July 11, 2017
When the Consumer Financial Protection Bureau expanded its public database to include narratives of negative customer experiences, banks such as…
By Amanda Bronstad | July 11, 2017
Solidifying a growing circuit split in the wake of "Spokeo v. Robins," the U.S. Court of Appeals for the Third Circuit held on Monday that a single unsolicited call to a woman's cellphone was enough harm for her to sue under the U.S. Telephone Consumer Protection Act.
By Jenna Greene | July 10, 2017
In one of the more surreal actions to come out of Trump-era Washington, the Consumer Financial Protection Bureau on Monday finalized a rule that bars banks, credit card issuers and the like from using arbitration clauses—the ones buried in the fine print of hundreds of millions of contracts—to block class actions.
By C. Ryan Barber | July 10, 2017
The Consumer Financial Protection Bureau's sweeping new run to curtail arbitration agreements contains a provision that would create a public online database showing arbitration documents and awards that are still permitted. Companies regularly raise reputational concerns about such databases. The CFPB noted that several industry commenters said the publication of arbitration records would lead "plaintiff's attorneys to bring more frivolous litigation generally."
By C. Ryan Barber | July 10, 2017
The Consumer Financial Protection Bureau on Monday finalized a sweeping new rule banning arbitration agreements that prevent class actions against banks and other financial institutions, setting the stage for parallel legal and political fights over a regulation that Republican lawmakers will seek to overturn before it sees the light of day.
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