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:

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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.

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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.


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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.
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