Litigation Developments

Fifth Circuit Court of Appeals Rejects Expansion of ECOA Liability to Secondary Market

09 Mar 2017

The United States Court of Appeals for the Fifth Circuit recently declined to extend liability under the Equal Credit Opportunity Act (ECOA) to a correspondent...

Fourth Circuit Denies Standing in Data Breach Case

09 Mar 2017

Recently, the Court of Appeals for the Fourth Circuit denied plaintiffs’ standing to bring a case in which the only injuries alleged were harm from...

District Court Rules Employer’s Inadequate Privilege Log did not Waive Attorney-Client Privilege

09 Mar 2017

A U.S. District Court in Tennessee ruled an employer must produce a privilege log in response to an administrative subpoena when withholding documents based on...

Ninth Circuit Recognizes Magistrate Judge’s Authority To Enter Class Action Judgment But Nixes Settlement That Did Not Benefit Absent Class Members

09 Mar 2017

The Ninth Circuit Court of Appeals recently ruled a magistrate judge had the authority to preside over a nationwide class action settlement and order a...

Ninth Circuit Holds TCPA Revocation of Consent Must be Clearly Expressed

09 Mar 2017

A panel for the United States Court of Appeals for the Ninth Circuit recently held that, under the Telephone Consumer Protection Act (TCPA), a consumer...

Supreme Court Vacates and Remands Second Circuit False Claims Act Holding for Reconsideration After Escobar

02 Mar 2017

In a summary disposition, the Supreme Court recently vacated and remanded a False Claims Act (“FCA”) decision handed down by the United States Court of...

DC Circuit Court of Appeals to Rehear Two Panel Decisions En Banc

02 Mar 2017

On February 16, 2017, the U.S. Court of Appeals for the D.C. Circuit vacated two panel decisions to rehear them en banc. The first panel,...

Seventh Circuit Court of Appeals Finds Servicer Did Not Violate RESPA

24 Feb 2017

The U.S. Court of Appeals for the Seventh Circuit Court recently affirmed a lower court summary judgment ruling in favor of a mortgage servicer that...

First Circuit Court of Appeals Affirms Dismissal of False Claims Act Case Against Pharmaceutical Company For Alleged Promotion of Off-Label Drug Use

24 Feb 2017

The First Circuit Court of Appeals recently affirmed the dismissal of a False Claims Act (“FCA”) case against a pharmaceutical company, because the Relators improperly...

Fifth Circuit Court of Appeals Rejects Expansion of ECOA Liability to Secondary Market

Fourth Circuit Denies Standing in Data Breach Case

District Court Rules Employer’s Inadequate Privilege Log did not Waive Attorney-Client Privilege

Ninth Circuit Recognizes Magistrate Judge’s Authority To Enter Class Action Judgment But Nixes Settlement That Did Not Benefit Absent Class Members

Ninth Circuit Holds TCPA Revocation of Consent Must be Clearly Expressed

Supreme Court Vacates and Remands Second Circuit False Claims Act Holding for Reconsideration After Escobar

DC Circuit Court of Appeals to Rehear Two Panel Decisions En Banc

Seventh Circuit Court of Appeals Finds Servicer Did Not Violate RESPA

First Circuit Court of Appeals Affirms Dismissal of False Claims Act Case Against Pharmaceutical Company For Alleged Promotion of Off-Label Drug Use

Ninth Circuit Reinstates Lawsuit Against Employer for FCRA Violations

Judge Rules No Insurance Coverage for $24.5 Million Class Action Overdraft Fees Settlement

Ninth Circuit Holds Tribal Lending Entities Must Comply With CFPB Investigations

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