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 on the basis of sex, marital status, race, color, religion, national origin, or age. Lenders
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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 allowed a plaintiff’s nationwide class action to survive Defendant Citibank, N.A.’s (“Citi”) motion to dismiss…
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 received.…
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., the Fifth Circuit declined to decide the issue because it ruled that Plaintiffs had satisfied both approaches. …
Date of Delivery, Not Date of Sale: California Imposes New Requirement for Consumer Products Warranties
Starting July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act will prohibit warranties for consumer products sold in California to begin their term on the date of sale. If an express warranty is offered, it must start no earlier than the date of the product’s delivery to the consumer.
For companies offering warranties…
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 basis of disability.…
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 doubts about federal jurisdiction” must be in favor of remand. While this presumption may apply…
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 the gravity of precisely applying the standard of commonality of interest and demonstrates that a…