Litigation, mainly under state and federal statutes, focused most often on breach of warranty and failure to warn.
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.
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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.
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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."
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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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By P.J. D'Annunzio | July 10, 2017
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.
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By newyorklawjournal | New York Law Journal | July 7, 2017
Court Defers Decision to FTC in Class Action Over Toothpaste Products' Whitening Claims
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By MICHAEL MARCIANO | July 7, 2017
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.
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By Amanda Bronstad | July 7, 2017
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.
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By Samantha Joseph | July 6, 2017
A reversal in a tobacco case that turned on questions of addiction and motivation.
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By Charles Toutant | July 6, 2017
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.
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