Class Action

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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 and other financial institutions should take note of Townstone, as it expands the ECOA to apply even before a credit transaction begins.Continue Reading Consumer Financial Protection Bureau v. Townstone Financial, Inc.

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 and strike class allegations.  Following its sister Circuits, the Second Circuit held that the Bankruptcy Code does not permit a bankruptcy court to adjudicate contempt claims of a nationwide class because it lacks authority to enforce other bankruptcy court’s discharge injunctions. Continue Reading Second Circuit Strikes Down Attempted Bankruptcy Contempt Proceedings In Class Context

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 Consumer Protection Act. Read on for details about this development and implications for TCPA class…

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.Continue Reading Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members

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. Continue Reading Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis

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.Continue Reading Fifth Circuit Reverses ADA Class Certification Because the Class is Not Ascertainable

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 to “mine-run diversity cases,” the Eighth Circuit reinforced that no anti-removal presumption applies under CAFA.Continue Reading Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA

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…