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1 Oct 2018, 7:39 am by Eric Tsai
Court of Appeals for the Eighth Circuit held that a plaintiff could not defeat federal jurisdiction under the Class Action Fairness Act based on a pre-class certification damages stipulation limiting attorney’s fees to ensure that the amount in controversy remained under CAFA’s $5… Eric Tsai [read post]
26 Jun 2019, 11:48 am by Eric Tsai
The Supreme Court of California recently held that the anti-deficiency statute in California Code of Civil Procedure § 580d did not bar a creditor holding two deeds of trust on the same property from recovering a deficiency judgment on the junior lien extinguished by a… Eric Tsai [read post]
30 Jul 2019, 9:18 am by Eric Tsai
Civil Code § 1812.701(b) may utilize the procedure for curing violations under California’s Rosenthal… Eric Tsai [read post]
4 Nov 2018, 6:22 am by Eric Tsai
Court of Appeals for the Eleventh Circuit recently affirmed a class settlement where the defendant allegedly violated the federal Fair and Accurate Credit Transactions Act (FACTA) by printing point-of-sale credit card receipts that included more than the last five digits of the card… Eric Tsai [read post]
8 Jul 2019, 6:47 am by Eric Tsai
The Court of Appeal of the State of California, First Appellate District, recently held that California Civil Code § 2924c permits a borrower to reinstate a modified home mortgage loan by paying only the past due modified payments and associated fees and charges, and that… Eric Tsai [read post]
20 Sep 2018, 7:42 am by Eric Tsai
Court of Appeals for the Ninth Circuit recently reversed a trial court’s order remanding a putative class action lawsuit to state court on the ground that the defendant removing party failed to prove that the amount in controversy exceeded $5 million, as required… Eric Tsai [read post]
18 Sep 2019, 7:18 am by Eric Tsai
Court of Appeals for the Third Circuit recently vacated an order approving the settlement of a class action certified under Rule 23(b)(2), where the only benefit to the class was the defendant’s payment of a cy pres award to organizations that promoted data… Eric Tsai [read post]
9 May 2016, 5:11 am by Eric Tsai
District Court for the Northern District of California recently held that an amendment to the federal Telephone Consumer Protection Act (TCPA) enacted as part of the Bipartisan Budget Act of 2015 applies to calls made in 2014 “solely to collect a debt owed to or guaranteed by the United States,” and therefore granted […]Eric Tsai [read post]
10 Oct 2019, 10:41 am by Eric Tsai
In so ruling, the Ninth Circuit held: When a notice of removal plausibly alleges… Eric Tsai [read post]