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”) protects prospective applicants and prohibits creditors from discouraging prospective applicants
Class Action Countermeasures
The Class Action Countermeasures blog, published by McGuireWoods LLP, focuses on legal developments and strategies related to defending against class action lawsuits. It covers topics such as class certification challenges, jurisdictional issues in bankruptcy and federal courts, statutory interpretations affecting class claims, and recent appellate decisions impacting class action litigation. The blog also addresses regulatory enforcement actions, consumer protection statutes like the Equal Credit Opportunity Act and the Telephone Consumer Protection Act, and the assessment of attorneys' fees in class settlements. It provides analysis relevant to litigators, corporate counsel, and others involved in managing class action risks and defenses.
Latest from Class Action Countermeasures
Second Circuit Strikes Down Attempted Bankruptcy Contempt Proceedings In Class Context
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. Specifically, the court rejected a bankruptcy court’s ruling that…
En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing
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 required for standing in class actions filed under the Telephone…
Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members
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 was more than thirty times the amount the class members…
Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis
By Trent Taylor & Andrew Gann
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., the Fifth Circuit declined to decide the issue because it…
Ninth Circuit Vacates District Court’s Order of Class Certification
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).…
Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable
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 Act (“ADA”), which prohibits public entities from discriminating on the…
Fifth Circuit Affirms Striking of Class Allegations
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.…
Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA
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 v. Target Corp.,[1] the district court held that “all…
10th Circuit Rules on Class Action to Compel Creation of Girls-Only High School Football Team
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 team.
Read on for details about this case, which highlights…