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Class, Individual Litigation

Supreme Court Issues Expansive Ruling on Personal Jurisdiction

A favorable March 25, 2021, Supreme Court ruling allows consumers to bring claims in their home state against out-of-state companies, even where the companies had no contact with the consumer in the consumer’s state of residence. This article explains the Court’s holding and then suggests nine types of cases where the ruling can help advance consumer litigation.

Manufactured Home Creditors’ Unique Exposure to Consumer Claims

This article examines nine ways that manufactured home creditors face unique legal exposure to consumer claims and remedies, including recent developments that may increase such creditor liability. Examples are a federal ban on arbitration clauses in manufactured home credit, special statutes making manufactured home creditors liable for warranty violations, statutory damages of tens of thousands of dollars for UCC Article 9 violations, and more.

Spokeo Resources (for subscribers AND for non-subscribers)

Analyses and briefs to facilitate individual rights representation, addressing standing challenges based on the Supreme Court’s May 16, 2016, decision in Spokeo v. Robins: Statute-Specific Spokeo Analyses Telephone Consumer Protection Act Spokeo analysis: For subscribers to Federal Deception Law For non-subscribers Truth in Lending Act Spokeo analysis: For subscribers to Truth in Lending General...

If Pending Supreme Court Consumer or Class Cases End in a 4-4 Tie

It is increasingly likely that cases currently awaiting decision before the Supreme Court will be decided by eight justices. Two of the cases argued last fall and now awaiting decision could have dramatic impacts on consumer law and class action practices, and this article describes the implications if those cases result in a 4 to 4 tie. Spokeo v. Robins Described Spokeo v. Robins is a Fair Credit...

As of December 1, New Rules Alter Class Action Notices, Settlements, and Objections

This article examines Federal Rule of Civil Procedure 23 changes that, effective December 1, establish new standards for electronic class action notices, require more information before approval of a class notice, clarify standards for court approval of a class settlement, and seek to reduce abuses by those improperly objecting to class settlements.

Supreme Court: Class & Federal Claims Can Stay in State Court

A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.