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19 Aug 2019, 7:51 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit recently held that class plaintiffs alleged a concrete and particularized harm sufficient to confer Article III standing where the defendant company’s alleged collection, use, and storage of the plaintiffs’ biometric information was the substantive harm targeted… Jeffrey Karek [read post]
22 Oct 2018, 7:02 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that the trial court erred in awarding $8.7 million in attorneys’ fees in a class action settlement because it did not treat $20 credits issued as part of the settlement as “coupons” under the Class… Jeffrey Karek [read post]
6 Jul 2017, 7:53 am by Jeffrey Karek
Court of Appeals for the Second Circuit recently joined the Seventh Circuit in holding that printing a credit card expiration date on an otherwise properly redacted receipt does not constitute an injury in fact sufficient to establish Article III standing to bring a claim alleging a bare procedural violation of the federal Fair […] Jeffrey Karek [read post]
20 Jun 2018, 6:01 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit recently held that a plaintiff did not allege Article III standing for her claim under the federal Fair Credit Reporting Act (FCRA) where there were no specific factual allegations plausibly tying the inclusion of her debit… Jeffrey Karek [read post]
4 Oct 2019, 7:51 am by Jeffrey Karek
Circuit recently held that a trial court did not abuse its discretion in denying class certification on the ground that common issues did not predominate where individual determinations of injury and causation would be required for at… Jeffrey Karek [read post]
3 Jul 2017, 8:32 am by Jeffrey Karek
Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state […] Jeffrey Karek [read post]
3 Jul 2017, 8:32 am by Jeffrey Karek
Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state […] Jeffrey Karek [read post]
22 Nov 2017, 6:08 am by Jeffrey Karek
The Appellate Court of Illinois, Second District, recently held that even though the Illinois Residential Mortgage License Act (“IRMLA”) was applicable to a lender that only made one loan in Illinois, an amendment to the IRMLA provided an exception to the law of the case doctrine and under the amendment the mortgage was not void Read more → Jeffrey Karek [read post]
12 Nov 2018, 6:27 am by Jeffrey Karek
Court of Appeals for the Seventh Circuit held that a defendant waived its right to arbitrate due to its “gratuitous delay” in seeking arbitration, where it waited 13 months after the filing of the lawsuit before moving to compel arbitration, and that any… Jeffrey Karek [read post]
25 Jan 2019, 4:25 am by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that ambiguity in the deed of trust regarding the lender’s right to pay real estate taxes and establish an escrow account precluded entry of summary judgment in favor of the loan servicer on the borrower’s… Jeffrey Karek [read post]