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Litigation Update

Recent Activity

Litigation UpdateJun 27, 2017 - 7:15am

U.S. Supreme Court to Review Exclusive Federal Jurisdiction of Federal Securities Class Actions under SLUSA

The U.S. Supreme Court granted a petition for certiorari seeking review of a California state court decision to permit a securities class action lawsuit based solely on federal law to proceed in state court.

Litigation UpdateJun 26, 2017 - 7:15am

U.S. Supreme Court to Resolve Split on Dodd-Frank’s Whistleblower Provisions

The Supreme Court granted a cert. petition to decide whether an individual who does not meet the definition of “whistleblower” in the Dodd-Frank Act may nevertheless seek relief under the Act’s anti-retaliation protections for whistleblowers.

Litigation UpdateJun 26, 2017 - 7:15am

U.S. Supreme Court Holds that American Pipe Tolling Does Not Apply to Statutes of Repose

The U.S. Supreme Court affirmed the Second Circuit’s decision that statutes of repose confer substantive rights, which are not subject to judge-made tolling.

Litigation UpdateJun 23, 2017 - 7:30am

U.S. Supreme Court Announces Complex, Multi-Factor Test for Regulatory Takings

The U.S. Supreme Court upheld a Wisconsin appeals court’s ruling analyzing the two lots as a single unit.

Litigation UpdateJun 19, 2017 - 12:45pm

U.S. Supreme Court Reverses California Supreme Court Decision Defying Personal Jurisdiction Rules

The Supreme Court held that the Constitution’s Due Process Clause bars a state court from hearing out-of-state claims that have no meaningful connection to the state.

Litigation UpdateJun 12, 2017 - 3:30pm

U.S. Supreme Court Limits Definition of Debt Collector Under FDCPA

In a 9-0 decision in Henson v. Santander Consumer USA Inc., the U.S. Supreme Court held that a company may collect debts that it purchased for its own account without becoming a “debt collector” subject to liability under the Fair Debt Collection Practices Act (FDCPA).

Litigation UpdateJun 12, 2017 - 2:30pm

U.S. Supreme Court Reverses Ninth Circuit’s Voluntary Dismissal Rule for Class Certifications

The U.S. Supreme Court held that federal courts of appeals lack jurisdiction to review an order denying permission to plaintiffs to continue a class action after the named plaintiffs have voluntarily dismissed their claims with prejudice.

Litigation UpdateJun 05, 2017 - 10:30am

U.S. Supreme Court Holds SEC Disgorgement Claims Subject to Five-Year Statute of Limitations in 28 U.S.C. § 2462

The Supreme Court unanimously held that SEC disgorgement claims are subject to the five-year statute of limitations in 28 U.S.C. § 2462.

Litigation UpdateMay 15, 2017 - 3:45pm

U.S. Supreme Court Declines Review of Case Considering Judicially-Created Loophole to CAFA Removal Provisions

The U.S. Supreme Court denied review of a Seventh Circuit decision that refused to allow removal to federal court by Home Depot after the company was joined as a co-defendant to a consumer’s counterclaim in state court.

Litigation UpdateMay 15, 2017 - 8:15am

U.S. Supreme Court Reverses Eleventh Circuit Bankruptcy Decision

The U.S. Supreme Court held that the filing of a proof of claim in a bankruptcy proceeding cannot be the basis for a claim under the Fair Debt Collection Practices Act (“FDCPA”).