Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
Second Department Holds Judicial Estoppel Bars...more
8/8/2025
/ Arbitration ,
Bankruptcy Court ,
Bankruptcy Plans ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Damages ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Financial Services Industry ,
Foreclosure Sales ,
Judicial Estoppel ,
Mortgage Lenders ,
TCPA ,
Telecommunications
In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Business Litigation ,
Contract Disputes ,
Creditors ,
Dispute Resolution ,
Fair Credit Reporting Act (FCRA) ,
Federal Arbitration Act ,
Motion to Compel ,
Waivers