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Litigation Daily

Consumer Financial Protection Agency Kills Arbitration—and It Feels Good

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.
5 minute read

National Law Journal

The CFPB Wants to Create an Arbitration Database. Companies Will Hate That.

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."
4 minute read

National Law Journal

CFPB, Testing Trump and Republicans, Moves to Restrict Forced Arbitration

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.
7 minute read

New Jersey Law Journal

One Call Is All It Takes for TCPA Suit, Circuit Says

Noreen Susinno didn't waste any time after she received an unwanted promotional voicemail from a New Jersey gym. After one call to her cellphone, she sued the gym in federal court for violating a law designed to curb unsolicited telemarketing calls.
5 minute read

New York Law Journal

Canale v. Colgate-Palmolive Co.

Court Defers Decision to FTC in Class Action Over Toothpaste Products' Whitening Claims
2 minute read

Connecticut Law Tribune

$28 Million Tobacco Verdict Upheld by Second Circuit

A Connecticut jury's damages award of more than $28 million in a suit against R.J. Reynolds Tobacco Co. has been upheld by the U.S. Court of Appeals for the Second Circuit—and the sum stands to grow, as the court also remanded for reconsideration of punitive damages.
3 minute read

The Recorder

US Appeals Court Set to Eye Test of Cy Pres Doctrine in $5.5M Google Accord

When class members are owed a few pennies from a settlement, how much should you bother trying to make sure they get paid? That's the question before the U.S. Court of Appeals for the Third Circuit in a petition to reverse a $5.5 million settlement with Google Inc. over privacy claims that gives money to the plaintiffs' attorneys and six nonprofit organizations but nothing to the class. On Wednesday, attorneys general from 11 states filed an amicus brief insisting that the Delaware judge who approved the settlement didn't go far enough in attempting to put class members above the use of cy pres, a controversial practice used to distributed unclaimed funds in a settlement to third parties.
5 minute read

Daily Business Review

Panel: Defense Attorneys 'Mischaracterized the Evidence' in Tobacco Case

A reversal in a tobacco case that turned on questions of addiction and motivation.
4 minute read

New Jersey Law Journal

Federal Judge Says Suit Against Debt-Collecting Attorney Over Barcodes May Proceed

The U.S. Supreme Court's 2016 holding in that a technical violation of a statute is insufficient to establish Article III standing does not preclude a suit over a potential disclosure of information by barcodes on debt collection letters, a federal judge in Newark has ruled.
9 minute read

New Jersey Law Journal

Atl. Ambulance Corp. v. Cullum

Ambulance Services Not Subject to Consumer Fraud Claims under "Learned Professional" Exception Due to Comprehensive Regulation of Industry
3 minute read

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