ArticleGuest Post: How The Class Action Fairness Act Has Impacted Federal CourtsThe Class Action Fairness Act of 2005 was designed mainly to curtail abuses that class action lawsuits often made on the justice system. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleGuest Post: The Class Action Fairness Act's Impact InternationallyThe CAFA Law Blog is pleased to post another guest post. This post is from Daniela Levett for Pryers Solicitors. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleIndividual Claims Are Immaterial Because CAFA Aggregates The Class ClaimsEstablishing that the named plaintiff’s individual claims exceeds $75,000 is immaterial to CAFA jurisdiction. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticlePlaintiff Apparently Fails To Learn How To Discern Advertising Bullsh*!A California plaintiff brought a putative class action against Hydra Group LLC claiming that it sent him and others unsolicited commercial e-mail advertisements in violation of § 17529.5(a)(3) of the California Business & Professional Code. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleStudent Insurance Sold To College Students Does Not Provide Coverage For Students Being StupidEvery now and then a CAFA related case comes across my desk that makes me think to myself (and sometimes out loud, what the hell?). United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleCFPB Supervisory Highlights Reflect Continued Emphasis On "Junk Fees"On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called "junk fees" in the mortgage servicing industry. United StatesFinance and BankingMcGlinchey Stafford
ArticleSEMS II – Changing The Culture Offshore?On Oct. 18, 2010, BOEMRE published new Subpart S to 30 CFR 250 requiring offshore lessees and operators to implement a Safety and Environmental Management Systems (SEMS) program on or before Nov. 15, 2011. United StatesCorporate/Commercial LawMcGlinchey Stafford
ArticleCFPB Prioritizes Fair Lending, Machine Learning, Privacy In Digital EngagementMembers of the auto finance industry continue to have a strong appetite for developing their digital origination and servicing platforms. United StatesFinance and BankingMcGlinchey Stafford
ArticleAmount In Controversy Need Not Be Proved To Absolute CertaintyThe plaintiffs brought this class action in the Superior Court of New Jersey, Gloucester County, alleging that huge quantities of toxic, dangerous, and ultra-hazardous substances were released when defendants bridge collapsed and train derailed. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleContinuing Jurisdiction - You Can't Always Get What You Want, Or What You Need....After dismissal of class claims, it seems that both parties wanted to stay in federal court to decide the claims of the individual plaintiffs, but you can’t always get what you want, or even what you need. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleStandard Fire v Knowles At Use In Practice In ArkansasStandard Fire at Use in practice in Arkansas.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleThis Mellon's Mine, Says A District JudgeIn this action, a federal court retained jurisdiction on a verified petition finding that the petitioner was not entitled to the securities exception under CAFA when its claim does not entirely depend on a mutual securities agreement, but rather requires other sources of law for its evaluation.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleHearts And Thoughts Fade Away, But A Dragnet Clause Means Your Deed Of Trust's Lien May NotA "dragnet" clause—a/k/a "cross-collateralization" clause—states that collateral pledged to secure a borrower's obligations also secures the borrower's different obligations to the same lender.United StatesReal Estate and ConstructionMcGlinchey Stafford
ArticleInside Georgia's Abandoned Motor Vehicle ActMany states have laws that provide "super liens" to facilities that tow, repair, and store vehicles. Georgia's current abandoned motor vehicle statute is an example of how these statutes...United StatesTransportMcGlinchey Stafford
ArticleMarijuana Rescheduling Is Here: How DEA's Decision Will Impact Cannabis BusinessesAfter fifty years, the federal government finally acknowledged that marijuana has medical value and is not as dangerous as heroin. As first reported by the Associated Press...United StatesCannabis & HempMcGlinchey Stafford
ArticleOnly Concrete Evidence Can Keep A Defendant’s Case Afloat Under CAFA’S Legal Certainty StandardIn this case, the parties disputed which legal standard governed the amount in controversy determination.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleCFPB Eyes Unfair, Deceptive Acts: Technology And RepossessionsThe Consumer Financial Protection Bureau (CFPB) recently issued two bulletins highlighting its concerns with business practices United StatesConsumer ProtectionMcGlinchey Stafford
ArticleMarijuana Reclassification Impacts Bank Servicing Of BusinessesThe Department of Justice's move to reclassify marijuana as a less dangerous drug, on which it began formal proceedings on May 16, won't legalize state-level adult...United StatesCannabis & HempMcGlinchey Stafford
ArticleFlorida Amends GAP Law And Paves Way To Sell And Finance Innovative Ancillary ProductsOn May 6, 2024, Florida enacted SB 902, clearing the way for dealers to sell excess wear and use waivers on leases and vehicle value protection agreements.United StatesFinance and BankingMcGlinchey Stafford
ArticleIs My Arbitration Agreement Enforceable?McGlinchey's Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford