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Class Action Countermeasures
659 published works
Class Action Countermeasures
Consumer Financial Protection Bureau v. Townstone Financial, Inc.
By Bryan A. Fratkin, Heidi Siegmund, Kate Ashley
On July 11, 2024, the U.S. Court of Appeals for the Seventh Circuit held in Consumer Financial Protection Bureau v. Townstone Financial, Inc. that the Equal Credit Opportunity Act (“ECOA”)…
Class Action Countermeasures
Second Circuit Strikes Down Attempted Bankruptcy Contempt Proceedings In Class Context
By Bryan A. Fratkin, Jarrod D. Shaw, Katelyn M. Fox
In a recent decision, Bruce v. Citigroup, Inc., et al., the United States Court of Appeals for the Second Circuit clarified the limits of bankruptcy court jurisdiction over class actions. …
Class Action Countermeasures
En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing
By Sarah Zielinski, Amy Starinieri Gilbert, Sara Holladay, Emily Rottmann, Kathleen Dackiewicz
Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven other Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury…
Class Action Countermeasures
Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members
By Trent Taylor, Bryan A. Fratkin, Andrew Gann
In Lowery v. Rhapsody International, Inc., ---F.4th---, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that…
Class Action Countermeasures
Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis
The issue of whether the “standing approach” or “class certification approach” is applicable continues to remain an open issue in the Fifth Circuit. In Angell v. Geico Advantage Ins. Co.,…
Class Action Countermeasures
Ninth Circuit Vacates District Court’s Order of Class Certification
By Trent Taylor, Bryan A. Fratkin, Andrew Gann, Sapir C. Shoshan
On March 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s order of class certification in Van v. LLR, Inc. under Rule 23(f). This…
Class Action Countermeasures
Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable
By Bryan A. Fratkin, Andrew Gann, Sapir C. Shoshan
On January 20, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s decision to certify a class under Title II of the Americans With Disabilities…
Class Action Countermeasures
Fifth Circuit Affirms Striking of Class Allegations
By Trent Taylor, Andrew Gann, Sapir C. Shoshan
On January 5, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision to strike class allegations after only limited discovery. In this case, Elson…
Class Action Countermeasures
Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA
By Trent Taylor, Martha Swicegood Stwodah, Travis C. Gunn, Brogan Chubb
The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”). In Leflar…
Class Action Countermeasures
10th Circuit Rules on Class Action to Compel Creation of Girls-Only High School Football Team
By Maricris Prendingue, Andrew Gann, Farnaz Farkish Thompson
On Jan. 4, the 10th U.S. Circuit Court of Appeals made an important ruling in a Title IX class action seeking to compel creation of a girls-only high school football…