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National Law Journal

Mayer Brown's Andy Pincus, Defender of Arbitration, Takes on CFPB Rule

An appellate lawyer who is likely to figure prominently in the anticipated challenge to the Consumer Financial Protection Bureau's arbitration rule took aim at the new regulation Wednesday, saying it was "not rooted in reality" and showcased the pitfalls of insulating an agency from the political process.
5 minute read

Texas Lawyer

Houston Debt Collection Lawyer Hit with $25 Million DTPA Judgment

Joseph Onwuteaku will have to pay millions for violations of the Texas Deceptive Trade Practices Act and has been blocked from collecting against people he sued in Harris County.
3 minute read

National Law Journal

'Dear Rich,' Dear Keith': Friendly in Their Letters, Foes Over Arbitration

Keith Noreika, acting comptroller of the currency, and Richard Cordray, director of the Consumer Financial Protection Bureau, are sparring over the CFPB's new, and controversial, push to restrict arbitration agreements that ban class actions in the banking and finance industries. Here's some of the back and forth between Keith and Rich.
13 minute read

New Jersey Law Journal

Solar Company's Arbitration Clause Sunk by Lack of Specificity, Consistency

A Bergen County judge has ruled that an arbitration provision in a residential solar power contract is not cause to dismiss a proposed class action suit against the company installing the system.
3 minute read

New Jersey Law Journal

NJ Court Allows Volkswagen Emissions Case to Proceed

Federal statutes and regulations on auto emission standards do not preclude New Jersey plaintiffs from pursuing consumer fraud and related claims against Volkswagen that stem from the carmaker's diesel emissions scandal, a state appeals court ruled on Monday.
8 minute read

New Jersey Law Journal

$5M Self-Storage Class Action Settlement Gets Final Approval

A New Jersey federal judge has approved an accord worth more than $5 million—including $725,000 in fees—that settles claims against a self-storage facility that allegedly sold customers' items before they had a chance to retrieve them.
7 minute read

National Law Journal

Kentucky Law Firm Beats CFPB's Kickback Claims

A Kentucky real estate law firm on Thursday prevailed against the Consumer Financial Protection Bureau's accusations that attorneys orchestrated a web of shell companies to make improper payments for referrals.
4 minute read

The Legal Intelligencer

Yenchi v. Ameriprise Financial, Inc., PICS Case No. 17-0964 (Pa. June 20, 2017) Donohue, J., Todd, J. (dissenting) (25 pages).

Superior Court erred in reversing the trial court's grant of summary judgment to defendants on whether there was a fiduciary relationship between the parties because a fiduciary relationship arose in the context of consumer transactions only if one party ceded decision-making authority to the other party and that did not occur in this case. Reversed in part.
3 minute read

The Legal Intelligencer

Pollock v. Nat'l Football League, PICS Case No. 17-1053 (Pa. Super. June 21, 2017) Strassburger, J. (17 pages).

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.
4 minute read

National Law Journal

CFPB Quarrels With OCC Over Arbitration Rule, Clayton's Agenda, and Uber Drivers Win Class Ruling: Roundup

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.
4 minute read

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