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