CommLaw Monitor
CAFA Update: Denial of Class Certification does not Divest Federal Court of Jurisdiction Over Case Removed Under CAFA
Earlier this year, the Seventh Circuit in Cunningham Charter Corp. v. Learjet, Inc. held that denial of class certification does not eliminate subject matter jurisdiction in a case removed from state court under the…
The Ninth Circuit Certifies Largest Civil Rights Class Action Suit in U.S. History
On April 26, 2010 the Ninth Circuit in Dukes v. Wal-Mart Stores Inc. ruled in a divided 6-5 vote to affirm certification of a class of 500,000 current female employees of Wal-Mart Stores for alleged gender…
U.S. Supreme Court Holds that State Law Does Not Bar Federal Courts from Using Class Action Device for State Law Claims
In a significant class action decision, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, 559 U.S. -- (Mar. 31, 2010), the U.S. Supreme Court recently held that federal rules on class…
Recently Commenced California Class Action May Impact Exposure Faced By Financial Institutions Involved With Federal Student Loans
If your company is one of the many companies that participates in originating, guaranteeing or servicing student loans made under the Federal Family Education Loan Program (“FFELP”) you should be aware of a recent…
Class Certification Denied in RESPA Kickback Action
The recent decision in Carter v. Welles-Bowen Realty, Inc., No. 3:09-cv-400 (N.D. Ohio Mar. 11, 2010), two consolidated cases involving alleged kickbacks to “sham” title insurance companies, in violation of the Real…