Join us at ACI’s 25th National Forum on Residential Mortgage Regulatory Enforcement and Litigation, October 22-24 in Dallas, Texas. McGlinchey Stafford is proud to be a supporting sponsor of the conference, and the CAFA Law Blog will serve as this year’s conference media partner.

Continue Reading Join the CAFA Law Blog at ACI’s Residential Mortgage Regulation and Litigation Forum taking place in Dallas on October 22-24

Join us at ACI’s 25th National Forum on Residential Mortgage Regulatory Enforcement and Litigation, October 22-24 in Dallas, Texas. McGlinchey Stafford is proud to be a supporting sponsor of the conference, and the CAFA Law Blog will serve as this year’s conference media partner.

Continue Reading Join the CAFA Law Blog at ACI’s Residential Mortgage Regulation and Litigation Forum taking place in Dallas on October 22-24

Join us at ACI’s 25th National Forum on Residential Mortgage Regulatory Enforcement and Litigation, October 22-24 in Dallas, Texas. McGlinchey Stafford is proud to be a supporting sponsor of the conference, and the CAFA Law Blog will serve as this year’s conference media partner.

Continue Reading Join the CAFA Law Blog at ACI’s Residential Mortgage Regulation and Litigation Forum taking place in Dallas on October 22-24

Lester v. Exxon Mobil Corporation, 2018 WL 330034 (5th Cir. Jan. 9, 2018).

In this action, the Fifth Circuit found that permitting removal over the suit as a whole, inclusive of the pre-CAFA claims, was consistent with congressional intent.


Continue Reading A Post-CAFA Mass Action Encompassing Civil Actions Commenced Both Before And After CAFA’s Commencement Can Be Removed To Federal Court

On July 10, 2017, the CFPB issued a press release entitled “CFPB Issues Rule to Ban Companies From Using Arbitration Clauses to Deny Groups of People Their Day in Court.” The new Rule prohibits financial contracts from having arbitration clauses with class action bans. The new rule essentially restores consumer class actions. Here is the CFPB’s video on the new Rule.   The full press release states:

Continue Reading CFPB issues new Rule banning arbitration clauses pertaining to class actions

The CAFA Law Blog previously analyzed the Sixth Circuit opinion in Mason, et al., v. Lockwood, Andrews & Newman (Nov. 16, 2016) surrounding the Flint, Michigan water treatment plant. See the CAFA Law Blog analysis here.  In that opinion, the Sixth Circuit affirmed the district court’s order remanding the case based on CAFA’s local controversy exception.  On June 12, 2017, the United States Supreme Court denied certiorari.  This particular class action, alleging the engineering firm didn’t protect Flint, Michigan residents from lead contamination, will remain in state court.

Continue Reading Supreme Court denies review of remand order surrounding Flint water treatment plant class

Dammann v. Progressive Direct Insurance Company, 856 F.3d 580 (8th Cir. May 11, 2017).

In this action, while affirming the judgment of a district court which denied the plaintiffs’ motion to remand, the Eighth Circuit found that after the party seeking to remove has shown CAFA’s jurisdictional minimum by a preponderance of the evidence,

Zehentbauer Family Land LP v Chesapeake Exploration, LLC, 2016 WL 3903391 (N.D. Ohio July 19, 2016).

A district court in Ohio found that if the forum selection clause does not clearly and unequivocally waive the right to removal, it cannot find that the defendants waived their right to remove the action.


Continue Reading A Forum Selection Clause Must Clearly and Unequivocally Waive the Right To Remove the Action to Federal Court To Remand the Action

Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the ecosystem of payment card breaches, and Genesco decision implications are just some of the topics analyzed and discussed in greater detail. Click here for the pdf of the agenda.
Continue Reading A Noteworthy Event – March 17-18, 2016