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Settlement Vacated

Troutman Pepper Locke

Townstone Case Twist: Federal District Court Stands Firm on Redlining Settlement Amid CFPB Controversy

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On June 12, the U.S. District Court for the Northern District of Illinois denied the joint motion by the Consumer Financial Protection Bureau (CFPB or Bureau) and Townstone Financial, Inc. to vacate the Stipulated Final...more

Kilpatrick

CFPB Credit Card Late Fee Rule Vacated by Banking Trade Group Lawsuit

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The CFPB's 2024 final rule on credit card late fees has been vacated as a result of the lawsuit filed by several banking industry trade groups challenging the rule’s validity....more

Orrick, Herrington & Sutcliffe LLP

District court receives joint parties’ counter to amicus brief in redlining case

On April 15, the CFPB filed a joint brief urging the U.S. District Court for the Northern District of Illinois to vacate a judgment and consent decree in a case involving alleged redlining practices by a financial company....more

Holland & Knight LLP

CFPB Credit Card Late Fees Rule Vacated by Texas District Court

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On April 15, 2025, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas entered an order and final judgment vacating the CFPB's credit card penalty fees rule (the Late Fee Rule). Judge Pittman's...more

Orrick, Herrington & Sutcliffe LLP

District court receives amicus brief against CFPB and defendants’ motion to vacate a final judgment

On April 4, the U.S. District Court for the Northern District of Illinois received an amicus brief from multiple nonprofits opposing a joint motion to vacate a final judgment in a case involving the CFPB and a mortgage...more

Sheppard Mullin Richter & Hampton LLP

CFPB Moves to Vacate ECOA Settlement Against Illinois-based Mortgage Lender

On March 26, the CFPB filed a motion to vacate its recent settlement against an Illinois-based mortgage lender accused of engaging in discriminatory marketing practices in violation of the Equal Credit Opportunity Act (ECOA)...more

Ballard Spahr LLP

CFPB seeking to reverse Townstone settlement, saying bureau ‘abused its power’

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Saying that the bureau under the Biden Administration abused its power, the CFPB is seeking to reverse its settlement with Townstone Financial....more

Erise IP

What’s Trending in Trademarks, March 2024: Chanel Reseller Found Liable for Trademark Infringement, False Advertising; Federal...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Chanel...more

ArentFox Schiff

Kim v. Tinder, Inc.: Ninth Circuit Finds Named Plaintiff Inadequate for Having Arbitration Agreement While Other Class Members Did...

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In Kim v. Tinder, Inc., No. 22-55345 (9th Cir. Dec. 5, 2023), the Ninth Circuit recently vacated a $5.2 million class action settlement between plaintiff Lisa Kim and Tinder, Inc., finding that Kim was inadequate to represent...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Troutman Pepper Locke

EDVA Judge Denies Motion to Seal Parties’ Settlement

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Much like our recent egarding an EDVA judge’s denial of a joint request to vacate the court’s earlier rulings after a settlement, another recent EDVA decision reinforces that EDVA judges are unwilling to simply rubber-stamp...more

Carlton Fields

Eleventh Circuit Vacates Class Settlement in GoDaddy TCPA Suit Based on Improper Class Definition

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The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing....more

Saiber LLC

District of New Jersey Denies Settling Parties’ Joint Request To Vacate Judgment Entered Following Jury Trial and Verdict

Saiber LLC on

In a recent opinion, the United States District Court for the District of New Jersey considered whether to grant a joint request by settling parties to vacate the Court’s Judgment stemming from a jury trial and verdict in...more

Carlton Fields

Bar Orders Must Be Integral To Settlement in Order To Be Essential

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Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more

BCLP

Settlement and Breach of Contract: Key Takeaways from Parkway

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This case concerns a company (“U.S. Home”) entering into a contract to purchase land from a limited liability company (“Purchase Agreement”) solely owned by two brothers (“Sellers”). On the same day of the purchase, U.S. Home...more

BakerHostetler

Standing in Uncertainty: Spokeo Three Years Later

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In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete...more

King & Spalding

Supreme Court Punts (for Now) on Much-Awaited Class Action Questions in Frank v. Gaos, Remands for Standing

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In Frank v. Gaos, the Supreme Court appeared poised to decide a divisive class action issue: whether settlement awards to third-party charities (known as cy pres awards) are valid. On March 20, however, an 8-1 majority...more

Butler Snow LLP

All Rise? Article III Standing Continues To Face Strict Scrutiny

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In 2016, the United States Supreme Court issued a landmark opinion addressing Article III standing under the U.S. Constitution. See Spokeo v. Robins, ––– U.S. ––––, 136 S. Ct. 1540, 194 L.Ed.2d 635 (2016). The “standing to...more

Kilpatrick

SCOTUS punts in cy pres only class settlement case remanding on Spokeo standing issue

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As we predicted in a January 2019 post [Cy pres-only class settlements – anticipated Supreme Court decision may never come to pass], the United States Supreme Court, in a closely-watched case, declined to rule on the fairness...more

Morgan Lewis

Supreme Court Boots Cy Pres Settlement for Lack of Standing Analysis Under Spokeo: Four Things to Know

Morgan Lewis on

In a recent per curiam decision, the US Supreme Court forcefully held that even where parties agree to settle a putative class action seeking statutory penalties, the named plaintiff must satisfy Spokeo’s injury-in-fact...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Confirms Standing Requirements Apply at All Stages of Litigation

• On March 20, 2019, the U.S. Supreme Court remanded a case involving the use of cy pres in lieu of specific relief to individual class members in a proposed settlement for a determination of whether the plaintiffs had...more

Cozen O'Connor

U.S. Supreme Court Refuses To Search Google Settlement Agreement For Fairness

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The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit...more

Alston & Bird

The Supreme Court Signals Further Review of Article III Standing

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The Supreme Court recently issued an opinion concerning the requirements for Article III standing for statutory violations under the Stored Communications Act (SCA). ...more

Polsinelli

Supreme Court Dodges Cy Pres Issue in Class Action Settlements; Remands for Standing Inquiry Under Spokeo

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The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more

Davis Wright Tremaine LLP

SCOTUS Remands Google Case to the Ninth Circuit for Spokeo Standing Analysis

The United States Supreme Court on March 20, 2019 remanded an $8.5 million settlement in a class action against Google to the Ninth Circuit so that the lower court could evaluate standing under the Supreme Court’s 2016 Spokeo...more

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