Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
6/5/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Litigation Strategies ,
Motion to Dismiss ,
Standing ,
Truth in Lending Act (TILA)
On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more
5/20/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Consumer Protection Laws ,
Dispute Resolution ,
Fees ,
Judicial Intervention ,
Mediation ,
New Rules ,
Regulatory Reform ,
Transparency
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
...more
4/1/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Jurisdiction ,
Landlords ,
Lemon Laws ,
Litigation Strategies ,
Mortgages ,
Summary Judgment
Lemon law claims present enormous issues of fact, involving questions such as “When does a vehicle issue rise to the level of a nonconformity?” “Should all repairs be considered under a claim if they are for different...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
2/7/2025
/ Chevron Deference ,
Class Action ,
FCC ,
Financial Services Industry ,
Judicial Authority ,
Judicial Interpretation ,
Jurisdiction ,
Remand ,
SCOTUS ,
Standing ,
TCPA
Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more
2/5/2025
/ Abstention ,
Appeals ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
FDCPA ,
Federal Arbitration Act ,
Financial Institutions ,
Foreclosure ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Mortgages ,
New Jersey ,
Popular ,
Remand ,
RESPA ,
Summary Judgment
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.
What is the...more
1/17/2025
/ Antitrust Provisions ,
Appeals ,
Article III ,
Case or Controversy ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Jurisdiction ,
Federal Rules of Civil Procedure ,
Remand ,
Removal ,
Royal Canin USA Inc v Wullschleger ,
SCOTUS ,
Supplemental Jurisdiction