Adam Israel

Balch & Bingham LLP

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Tennessee Court of Appeals Becomes First Appellate Court to Affirm Dismissal of Class Action Challenging Multiple “Overdraft” or...

Earlier this year, Balch & Bingham reported on the dismissal of one of the first class actions challenging financial institutions for charging multiple “overdraft” or not sufficient funds (“NSF”) fees for the same transaction...more

11/12/2020 / Banking Sector , Banks , Class Action , Financial Institutions , Overdraft Fees

Class Action Alleging Multiple NSF fees for the Same ACH “Item”

As we have noted in other postings, plaintiffs continue to bring actions regarding bank fees charged for Overdraft or Not Sufficient Funds (“NSF”) fees. While these claims originally challenged posting order, they are now...more

4/15/2020 / Class Action , Fees , Financial Institutions , NACHA

CAFA’s “Local Controversy” Exception Does Not Apply When Federal Court Has Independent Basis for Subject Matter Jurisdiction

Last month, the Eleventh Circuit rejected a plaintiff’s bid to keep her class action in state court even though CAFA’s local controversy exception would have required a remand. In Blevins v. Aksut, No. 16-11585, — F.3d —,...more

4/4/2017 / CAFA , Class Action , Jurisdiction , Subject Matter Jurisdiction

Citing Spokeo, Eleventh Circuit Rejects Class Action Over Late Mortgage Satisfaction Recordation, Holding Plaintiff Had Not...

The Eleventh Circuit recently held in Nicklaw v. CitiMortgage, Inc.(No. 15-14216) that a plaintiff lacks standing to sue a creditor where the plaintiff merely alleges that the creditor failed to timely record a mortgage...more

10/28/2016 / Class Action , Injury-in-Fact , Mortgage Satisfaction Notice , Mortgages , Spokeo , Standing

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