Joshua D. Dunlap

May 05, 2016

Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

Consumer Class Actions

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The CFPB today released a proposed rule that would ban consumer financial services providers such as banks, credit card issuers, and small-dollar lenders from using mandatory arbitration clauses to prohibit consumers from filing or joining class actions against them. Please click here for further analysis and potential impacts of the proposed rule.

October 17, 2015

CFPB Class Arbitration Proposal

Uncategorized

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On October 7th, the Consumer Financial Protection Bureau released proposals that, if adopted, would limit the use of arbitration provisions in consumer class actions against banks and other companies offering consumer finance products and services. For more information, you can access our client alert here.

January 26, 2015

In re Nexium Antitrust Litigation – A Mixed Prescription

Class Certifications, First Circuit Decisions

Authors:

Joshua D. Dunlap

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Class Action Defense

As my colleague Don Frederico noted in his January 24th post, a divided First Circuit panel recently affirmed the district court’s class certification decision in In re Nexium Antitrust Litigation. In so doing, the First Circuit weighed in on a critical issue that arises in many class cases: is class certification proper where certain members of the class have not suffered injury?

January 16, 2014

Mississippi ex rel. Hood v. AU Optronics Corporation: Finding CAFA To Be As Clear As An LCD

Class Action Fairness Act, Supreme Court

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Joshua D. Dunlap

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Class Action Defense

On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist. In what is a rare event in the class action context, the Court hande…

August 14, 2013

Damages and the Predominance Analysis Following Behrend: The D.C. Circuit Gives Behrend a Robust Interpretation

Class Certifications, Supreme Court

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Joshua D. Dunlap

Practice area:

Class Action Defense

Earlier this year, I blogged about the Supreme Court’s decision in Comcast Corp. v. Behrend. At the time, I noted that Behrend reaffirmed that damages methodologies must be closely examined…

July 01, 2013

American Express v. Italian Colors Restaurant: The Supreme Court Reinforces AT&T Mobility v. Concepcion

Arbitration, Class Arbitration, Massachusetts Decisions, Supreme Court

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Joshua D. Dunlap

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Class Action Defense

Just over two years ago, the Supreme Court issued its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempted a state rule that class action waivers…

June 14, 2013

“Class-wide Arbitration” Revisited: The Supreme Court Weighs In (Again) With Oxford Health Plans LLC v. Sutter

Class Arbitration, Supreme Court

Authors:

Joshua D. Dunlap

Practice area:

Class Action Defense

In a March post on this blog, my colleague John Aromando previewed the then up-coming oral argument before the Supreme Court in Oxford Health Plans LLC v. Sutter, discussing the possible imp…

April 03, 2013

Comcast Corp. v. Behrend: A Close Look At Class-Wide Proof of Damages

Consumer Class Actions, Supreme Court

Authors:

Joshua D. Dunlap

Practice area:

Class Action Defense

On March 27th, the Supreme Court issued a notable opinion addressing not only the interplay between class certification and merits issues, but also the relationship between Rule 23(b)(3) pre…

March 08, 2013

Closer Scrutiny for Cy Pres Distributions?

Class Action Settlements

Authors:

Joshua D. Dunlap

Practice area:

Class Action Defense

The Third Circuit’s recent opinion in In re Baby Products Antitrust Litig. is noteworthy for its approach to cy pres distributions in class settlements, a topic that has also garnered recent…

January 18, 2013

District of Maine Weighs in on Wal-Mart and CAFA Jurisdiction

Consumer Class Actions, US District Court - Maine

Authors:

Joshua D. Dunlap

Practice area:

Class Action Defense

Just before the holidays, Judge Singal issued an order de-certifying a class in Loef v. First American Title Insurance Company. The Loef decision both provides an excellent example of the ch…

Pierce Atwood is pleased to present this class action blog with a focus on decisions of the state and federal courts within the boundaries of the First Circuit. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire and Rhode Island, as well as to provide timely information about significant class action developments, strategies and trends on a national level.

Pierce Atwood’s Class Action Defense team has also started tracking filings and decisions in state and federal courts within the boundaries of the First Circuit in New England.

View our New England and First Circuit Class Action Tracker on our firm website.

Joshua D. Dunlap

Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

CFPB Class Arbitration Proposal

In re Nexium Antitrust Litigation – A Mixed Prescription

Mississippi ex rel. Hood v. AU Optronics Corporation: Finding CAFA To Be As Clear As An LCD

Damages and the Predominance Analysis Following Behrend: The D.C. Circuit Gives Behrend a Robust Interpretation

American Express v. Italian Colors Restaurant: The Supreme Court Reinforces AT&T Mobility v. Concepcion

“Class-wide Arbitration” Revisited: The Supreme Court Weighs In (Again) With Oxford Health Plans LLC v. Sutter

Comcast Corp. v. Behrend: A Close Look At Class-Wide Proof of Damages

Closer Scrutiny for Cy Pres Distributions?

District of Maine Weighs in on Wal-Mart and CAFA Jurisdiction

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