21 Treatises with Pleadings, Practice Tips, and Analysis of 50 States' Law
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Shocker: Supreme Court Limits Policy Favoring Arbitration
On May 22, the Supreme Court overruled nine circuits in holding that a defendant’s waiver of arbitration must be treated like any other contractual right. No showing of prejudice to the plaintiff need be shown. This article examines the decision and arbitration waiver law generally. Importantly, also considered are the decision’s implications to assist a broad array of challenges to arbitration requirements.
FDCPA Litigation Using New Reg. F: Pleading Tips & Recently Alleged Violations
This article provides ten pleading tips when bringing Fair Debt Collection Practices Act claims based on the new requirements found in CFPB Regulation F. The article then surveys recent federal court complaints alleging Regulation F violations as indicative of the violation patterns emerging in the six months since the Regulation’s effective date. The article links to the full text of complaints illustrating the types of violations being alleged.
Groundbreaking Ruling: No FTC Holder Rule Cap on Attorney Fee Awards
A May 26 California Supreme Court decision is the most important interpretation of the FTC Holder Rule in 45 years, setting out in detail reasons why the rule does not cap a consumer’s attorney fee award against the creditor. This article describes the decision’s significance to consumer litigation, explains how the ruling applies in other states, and lists twelve other important features of the FTC Holder Rule.
Emotional Distress Damages After Latest Supreme Court Decision
This article explains why an April 28, 2022, Supreme Court ruling concerning the unavailability of emotional distress damages applies only to four federal discrimination statutes, links to practice tips when otherwise seeking emotional distress damages, and considers whether emotional distress alone is sufficient for federal court constitutional standing.
Bringing Federal Consumer Claims in State Court: A 50-State Analysis of Standing
Updated: Federal court class action, statutory damages, or intangible injury cases face constitutional standing challenges. This article suggests bringing federal claims in state court, where standing rules may be relaxed, and links to a 50-state analysis of state court standing rules unaffected by Supreme Court rulings.
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