Class Actions

IN FAIRNESS TO ALL: Complying With FCRA Disclosure Requirements When Evaluating And Hiring ...

Employers use a number of tools to assess any potential hire, and to evaluate existing employees.  When using a credit report for these purposes, employers need to be wary of the Fair Credit Reporting Act’s (“FCRA”) (15 U.S.C. 1681 et seq.) provisions.  The FCRA has strict procedures, requiring that employers…

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Mortgage Industry Wins Significant Ruling In Ninth Circuit, Largely Ending Consolidated MERS Cases

Lenders scored a victory in the Ninth Circuit on June 12, 2014, with the court largely affirming dismissal of claims by plaintiffs in multidistrict litigation challenging the lending industry’s use of Mortgage Electronic Registration Systems, Inc. (MERS). The appeal stemmed from dozens of putative class actions and individual borrower cases…

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"If I go there will be trouble, and if I stay it will be double": Second Circuit Provides ...

Move to federal court or stay in state court—an essential strategic question for defendants of state-court-filed class actions.  Pace of litigation, applicable discovery rules, court familiarity with class actions—the right forum can make a significant difference in litigating a class action.  Although the first choice of forum belongs to the…

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