Dispute Resolution Blog
- Blog: Declassified“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III StandingPosted on December 6, 2019 by J. Thomas Richie, John E. Goodman and Zachary A. MadoniaThe Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was whether large parts of the class as certified had standing. Because the plaintiff did not establish that common issues... Continue Reading
- Blog: Capital Markets LitigationCapital Markets Litigation Team Defeats Jurisdictional Challenge to Ponzi Scheme DisputePosted on November 27, 2019 by Carly ColemanLowenstein Sandler’s Capital Markets Litigation team recently defeated a fund administrator’s renewed motion to dismiss on jurisdictional grounds, a second key victory in an action for common law fraud, securities fraud, and Racketeer Influenced and Corrupt Organizations Act violations, among other claims. The plaintiffs, investors in a tax lien fund, seek to recoup millions of...… Continue Reading The post Capital Markets Litigation Team Defeats Jurisdictional Challenge to Ponzi Scheme Dispute appeared first on Capital Markets Litigation.
- Blog: Appellate InsightSettlements, Consent, and Final Settlement AgreementsPosted on November 21, 2019 by Neil BardackThere is a common belief among some lawyers that a settlement is not complete until there is a formal written agreement signed by the parties that has all the “bells and whistles” typical of a settlement agreement. Not always so. In J.B.B. Investment Partners LTD v. Fair (2019) 37 Cal.App.5th 1, Division 2 of the […]
- Blog: MisbrandedJoining the Trend: D.C. Circuit Latest Court of Appeals to Decline to Certify Class Containing Uninjured MembersPosted on October 8, 2019 by Joshua Kipnees, Michael D. SchwartzA few weeks ago, the U.S. Court of Appeals for the D.C. Circuit weighed in on a recurring question in class action litigation: can a court certify a class where some class members—even if only a small fraction of the class—are uninjured? Joining a string of recent decisions on this subject, the circuit court held in [...]