In Shoner v. Carrier Corporation, No. 20-56327 (9th Cir. Apr. 14, 2022), the Ninth Circuit recently held awardable attorneys’ fees can be counted toward the minimum amount in controversy required by the Magnuson-Moss Warranty Act (MMWA) for federal court jurisdiction
Consumer Class Defense Counsel
The Consumer Class Defense Counsel blog, published by Foley & Lardner LLP, focuses on legal issues related to defending consumer class actions. It covers topics such as class certification challenges, damages and injury analysis in class claims, consumer product labeling and safety regulations, compliance with federal consumer protection laws, and recent court decisions impacting class action settlements and attorneys' fees. The blog also addresses regulatory developments affecting manufacturers and importers of consumer products, including safety standards and labeling requirements. It provides insights into litigation strategies, regulatory compliance, and evolving legal standards in consumer class defense matters.
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Class Victory Vacated as Seventh Circuit Adds to Current Split Over Standing and Intangible Injuries
The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v. Midland Credit Management, Inc., Nos.…
Watch The Fine Print: Ninth Circuit Majority Opinion Requires Heightened Standards for Reasonably Conspicuous Notice of Browsewrap Terms to Compel Arbitration
A recent decision from the Ninth Circuit illustrates that to be enforceable, website agreement terms must be “reasonably conspicuous” and users must “manifest unambiguous assent” to those terms. In Berman v. Freedom Financial Network, LLC, No. 20-16900, 2022 U.S. App.…
Fourth Circuit Holds Magistrate Judge Jurisdiction Does Not Require Absent Class Members’ Consent
Federal law delineates a magistrate judge’s exercise of jurisdiction over a civil case. Specifically, with the “consent of the parties,” a magistrate judge may conduct “any or all proceedings . . . and order the entry of judgement.” 28 U.S.C.…
A New Era of McGill Arbitration in California—Hodges v. Comcast
Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence. In McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), the California Supreme Court held on public policy grounds that…
Federal Court Reads Between the Lines To Allow Unusual RESPA Section 8 Claim To Move Forward
In Kallai v. Jatola Homes, a recent decision under Section 8 of the Real Estate Settlement Services Procedure Act (RESPA), a federal district court judge in Ohio ruled that class plaintiffs’ RESPA allegations were sufficient to proceed past the…
Class Certification Analysis in a Cryptocurrency Case: Williams v. Kucoin
A recent class certification decision out of the Southern District of New York provides insights on how courts will analyze the requirements for class certification, at least at the initial stage, in cases involving cryptocurrency. A crypto-asset is a digital…
Applying the Rule of Reason, District Courts Reject Nationwide Classes in Franchise No-Poach Cases
Two recent district court decisions out of the Seventh Circuit illustrate the difficulty of maintaining antitrust class actions that seek to challenge employer “no-poach” agreements. In DeSlandes v. McDonald’s USA, LLC, No. 17-C-4857, 2021 WL 3187668 (N.D. Ill. Jul. 28,…
Courts Hold Contract Disputes Not Actionable Under FCRA
A recent string of U.S. District Court decisions has clarified liability for furnishers of credit information under the Fair Credit Reporting Act (FCRA), specifically 15 U.S.C. § 1681s-2(b), in situations where consumers dispute the legal validity of a reported debt.…
Eighth Circuit Keeps Two Product Liability Class Actions Off the Road
The United States Court of Appeals for the Eighth Circuit published two opinions last month in companion class actions alleging defects with off-road vehicles. With its decisions, the court held that purchaser plaintiffs must allege more than an increased risk…