On August 26, 2024, a federal district court for the Southern District of Texas granted summary judgment in the Consumer Financial Protection Bureau’s favor and rejected a challenge to the CFPB’s Final Rule regarding section...more
The Supreme Court recently issued a pair of unanimous decisions clarifying how arbitration clauses impact litigation. One decision restricts a court’s discretion to dismiss—rather than stay—litigation after ordering the...more
UPDATE: Minutes after the below QuickStudy was published, the CFPB declared that it will issue an interim final rule to extend compliance deadlines for the Final Rule. The earliest compliance date will be extended from...more
On October 26, 2023, the Southern District of Texas entered a nationwide injunction staying the Consumer Financial Protection Bureau’s recent Final Rule regarding data collection for commercial lenders under the Equal Credit...more
On June 27, 2023, the Supreme Court in Mallory v. Norfolk Southern Railway Co., 600 U.S. ___ (2023) substantially broadened (at least temporarily) the bases for general personal jurisdiction over out-of-state corporations in...more
Rio Bank, the American Bankers Association and the Texas Bankers Association have sued the Consumer Financial Protection Bureau and have moved for preliminary injunctive relief to suspend the CFPB's recent final rule...more
On May 14, 2023, the American Bankers Association joined a lawsuit filed by the Texas Bankers Association and a Texas bank, suing the Consumer Financial Protection Bureau to obtain a declaratory judgment invalidating the...more
On February 10, 2023, the Illinois General Assembly introduced the “Small Business Truth in Lending Act”, which would require lenders to make TILA-like disclosures for small business commercial loans. If passed, Illinois...more
On January 23, 2023, the U.S. Supreme Court dismissed In re Grand Jury, which had asked it to expand the scope of attorney-client privilege protection for dual-purpose communications, i.e., communications (particularly those...more
On January 11, 2023, the Consumer Financial Protection Bureau proposed a rule that would require certain nonbanks to disclose provisions in form contracts that waive consumer rights. The CFPB would then make those terms...more
The law does not take effect until mid-2022 and is subject to regulations to be promulgated by the New York Department of Financial Services.
On December 1, 2021, New York Governor Kathy Hochul signed into law a bill...more
On September 15, 2021, Locke Lord obtained an opinion in Florida’s Third District Court of Appeal matter affirming the denial of a motion to vacate a final judgment of foreclosure. In affirming the denial, the Third...more
Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to...more
On December 15, 2020, New York Governor Andrew Cuomo signed into law Senate Bill 4408, which amends the Real Property Law by adding a new section 280-d. The amendment will become effective on April 14, 2021, and the...more
On July 23, 2020, the U.S. District Court for the Northern District of California signaled that a $650 million settlement of claims against Facebook, Inc. for alleged violations of the Illinois Biometric Information Privacy...more
The COVID-19 pandemic created a new normal for Americans—one where family members of all ages work and go to school from home. Businesses and schools have turned to technology to facilitate remote work and e-learning. ...more
On January 25, 2019, the Illinois Supreme Court held that plaintiffs can assert claims and recover statutory damages under Illinois’s Biometric Information Privacy Act (BIPA) based on a bare violation of the statute without...more
The U.S. Supreme Court in Home Depot U. S. A., Inc. v. Jackson, No. 17-1471, 2019 WL 2257158 (U.S. May 28, 2019) held that a third-party defendant first named in a counterclaim cannot remove cases under either the general...more
5/29/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
On April 24, 2019, the U.S. Supreme Court held that ambiguous arbitration provisions cannot be used to compel class arbitration. Lamps Plus v. Varela, No. 17-988, 2019 WL 1780275 (April 24, 2019). This 5-4 decision expands on...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
On January 25, 2019, the Illinois Supreme Court held that plaintiffs can assert claims and recover statutory damages under Illinois’s Biometric Information Privacy Act (“BIPA”) based on a bare violation of the statute without...more
On September 28, 2018, an Illinois Appellate Court issued an opinion that will likely increase class-action filings under Illinois’s Biometric Information Privacy Act (“BIPA”). ...more
On June 28, 2018, the United States Supreme Court granted certiorari in Obduskey v. McCarthy & Holthus LLP, No. 17-1307. In doing so, the Court decided to resolve a circuit split and further clarify what constitutes debt...more
The U.S. Supreme Court in China Agritech v. Resh, 2018 WL 2767565 (June 11, 2018) ruled that the American-Pipe doctrine—under which filing a class action tolls the statute of limitations for later-filed individual claims—does...more
On May 30, 2018, the Illinois Supreme Court accepted an appeal from an Illinois appellate court’s decision rejecting “no-injury” lawsuits under Illinois’s Biometric Information Privacy Act (“BIPA”) [Dkt. No. 123186]. The...more
On April 16, 2018, a California federal court certified a class of individuals suing Facebook for violating Illinois’s Biometric Information Privacy Act, paving the way for potentially billions of dollars in statutory...more