Searching Content indexed under Litigation, Mediation & Arbitration by Julia B. Strickland ordered by Published Date Descending.
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SCOTUS Limits The Definition Of ‘Debt Collector' Under The Fair Debt Collection Practices Act
On March 20, 2019, the Supreme Court issued its much-anticipated decision in Obduskey v. McCarthy & Holthus LLP,
United States
2 Apr 2019
"Arbitration Update – Relief Sought In Class Action Held Not To Be ‘Public Injunctive' Relief"
This Stroock Special Bulletin provides an update with respect to litigation involving arbitration provisions.
United States
25 Sep 2018
Supreme Court Limits American Pipe's Impact On Putative Class Claims
The United States Supreme Court clarified in China Agritech, Inc. v. Resh, 584 U.S. ___ (2018), that the tolling rule announced in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) ...
United States
14 Jun 2018
Preemption Battles & Class Actions Ahead?
On March 2, 2018, a three-judge panel of the Ninth Circuit Court of Appeals reversed the dismissal of a putative class action in Lusnak v. Bank of America, ruling that the National Bank Act...
United States
12 Mar 2018
Ninth Circuit Holds That Previously-Deceived Consumer Has Article III Standing To Seek Injunctive Relief
The Ninth Circuit Court of Appeals recently held that a consumer who brings a false advertising claim may establish Article III standing based on allegations of her inability to rely on the advertising in the future.
United States
25 Oct 2017
CFPB Watch
Director Richard Cordray continues to keep watchers of the Consumer Financial Protection Bureau ("CFPB" or "Bureau") guessing as to his departure from the agency.
United States
11 Sep 2017
Ninth Circuit Rules Plaintiff Has Article III Standing In Spokeo, Leaves More Questions Unanswered
On remand from the United States Supreme Court, the Ninth Circuit today addressed the issue of whether plaintiff adequately established standing for his claims asserting violations of the federal Fair Credit Reporting Act...
United States
23 Aug 2017
Affirmed – Defaulted Debt Buyer Not Subject To FDCPA
In his first opinion, Justice Gorsuch yesterday delivered the Supreme Court's unanimous decision in Henson v. Santander Consumer USA Inc., No. 16-349.
United States
14 Jun 2017
Which Constitutional Question Will Decide PHH v. CFPB
The May 24, 2017, oral argument in PHH Corp. v. CFPB before the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, sent strong signals that the Court is likely to decide this case...
United States
30 May 2017
D.C. Circuit Strikes Down FCC's Order Requiring Opt-Out Language On Solicited Fax Advertisements
On March 31, 2017, the D.C. Circuit issued its long-awaited decision in Bais Yaakov of Spring Valley, et al., v. Federal Communications Commission, et al., No. 14-1234, invalidating the FCC's rulings...
United States
7 Apr 2017
D.C. Circuit's PHH Ruling Reins In CFPB
On October 11, 2016, the Court of Appeals for the District of Columbia Circuit held in PHH Corporation v. Consumer Financial Protection Bureau, case no. 15-1177, that the CFPB's structure of a single independent director, removable only for cause, violates the separation of powers provisions of Article II of the Constitution.
United States
13 Oct 2016
Payment Processing Continued Target Of CFPB And Litigation
On August 22, 2016, the Consumer Financial Protection Bureau announced a $4.1 million settlement with Wells Fargo Bank for allegedly illegal student loan servicing practices.
United States
9 Sep 2016
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