by Deepak Gupta In a much-anticipated decision, the Fifth Circuit held today that the National Labor Relations Board overstepped its authority when it ruled that an employer violated federal labor law by requiring its employees to sign an arbitration agreement containing a class-action ban. Judge Leslie Southwick, joined by Judge King, isssued the opinion for the court. Here's […]
Category Archives: Consumer Litigation
For those in New Haven: I'll be giving a talk about plaintiff-side appellate advocacy at noon tomorrow (Thursday) at Yale Law School. Among other things, I'll discuss the advocacy imbalance facing consumers, workers, and other plaintiffs in the appellate courts and touch on the fate of class actions in the Roberts Court. Hope to see you there. […]
by Deepak Gupta We've blogged before about Mount Holly–the Supreme Court case about the future of disparate impact in housing and lending discrimination. (My firm represents current and former Members of Congress in the case). All along, it's seemed possible that Mount Holly would settle before the December oral arguments. This morning, that's looking even […]
by Deepak Gupta In a 70-page opinion by Justice Goodwin Liu, the California Supreme Court on Thursday issued its eagerly anticipated decision in Sonic-Calabasas v. Moreno. Addressing the impact of both AT&T Mobility v. Concepcion and American Express v. Italian Colors for the first time, the court makes clear that unconscionability — focused on whether […]
by Deepak Gupta I thought readers might be interested in a new appeal that my firm is handling in the Ninth Circuit, Moran v. The Screening Pros, concerning the state and federal regulation of background-check companies. You can read our opening brief here. The Consumer Financial Protection Bureau and the Federal Trade Commission have weighed in with an amicus […]
by Deepak Gupta We've already blogged here quite a bit in the past few days about our rehearing petition in the Third Circuit class-action case of Carrerra v. Bayer — including this post on a recent column by Alison Frankel of Reuters. Today, Frankel has a new story about the case. This time, she writes about the […]
by Deepak Gupta Back in June, I blogged about my firm's constitutional challenge to New York's credit-card surcharge law — a law that aims to protect credit card company profits by preventing merchants from communicating the true cost of credit to consumers. This morning, U.S District Judge Jed Rakoff issued a fantastic 35-page opinion agreeing […]
by Deepak Gupta Legal reporter Alison Frankel of Reuters has a new column highlighting the effort to seek full-court rehearing of the Third Circuit's troubling decision in Carrera v. Bayer, which holds that plaintiffs must show, before they can certify a class, how they will identify and prove the class membership of consumers who purchased the defendant's product. […]
by Paul Bland, Senior Attorney, Public Justice, Of Counsel, Chavez & Gertler On Twitter @PblandBland In Kennedy v. Wells Fargo, Judge King of the Southern District of Florida enforced another arbitration clause that tosses out consumer claims in the multi district litigation involving checking overdraft claims. The plaintiffs had several arguments that the particular arbitration clause at […]
by Deepak Gupta This morning, the Eighth Circuit issued its decision in Charvat v. Mutual First, reversing the dismissal of two consumer class actions on constitutional standing grounds. The district court held that the plaintiff's claims — for violations of a federal law requiring on-machine notice of ATM fees — didn't allege an "injury in […]