Category Archives: Uncategorized

Seventh Circuit Abandons Damasco, Says Offers of Judgment Don’t Moot Cases

    In Chapman v. All American Painting, Inc., the Seventh Circuit today overruled a string of decisions, including Damasco v. Clearwire Corp., and held that a rejected offer of judgment that would have provided a plaintiff with complete relief does not moot the plaintiff's claims. The court adopted the analysis of Justice Kagan's dissenting opinion in Genesis […]

Second Circuit: NYC’s regulation of debt collectors not preempted by New York state law

In 2009, New York City expanded its regulation of debt collectors to include "a buyer of delinquent debt who seeks to collect such debt either directly or through the services of another by, including but not limited to, initiating or using legal processes or other means to collect or attempt to collect such debt." A law firm engaged […]

California Supreme Court Upholds Arbitration Clause Banning Class Actions

    In a decision issued Monday in a case called Sanchez v. Valencia Holding Co., the California Supreme Court rejected arguments that a class-action ban in an arbitration clause, together with a few other provisions that were unfavorable to a consumer, rendered the arbitration clause unconscionable. The opinion emphasized that an arbitration clause, like any other […]