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
Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more
7/23/2025
/ Advertising ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Enforcement ,
Enforcement Actions ,
FCC ,
Judicial Authority ,
Litigation Strategies ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
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
On February 24, 2025, the Eastern District of Virginia granted summary judgment in favor of Defendant LoanCare, LLC, on a putative class action alleging that LoanCare violated fair debt collection provisions of the West...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
On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more
1/29/2025
/ Administrative Procedure Act ,
Appeals ,
Chevron Deference ,
Class Action ,
Consumer Protection Laws ,
Enforcement Actions ,
FCC ,
Hobbs Act ,
Judicial Authority ,
Oral Argument ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unfair or Deceptive Trade Practices
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
4th Circuit Holds Rental Applicant Lacks Standing...more
11/1/2024
/ Abusive Acts ,
Arbitration ,
Arbitration Agreements ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Jurisdiction ,
Landlords ,
Mortgage Lenders ,
Office of Foreign Assets Control (OFAC) ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA ,
Uniform Commercial Code (UCC) ,
Unsolicited Faxes
On October 7, 2024, the Supreme Court heard arguments to answer two longstanding questions on removal jurisdiction: (1) Whether amending a complaint to eliminate the only federal questions destroys federal subject-matter...more
On September 11, 2024, the 4th Circuit held that a named plaintiff in a putative class action failed to establish a concrete injury that could satisfy the injury-in-fact requirement for Article III standing against consumer...more