Articles + Publications July 5, 2023
June 2023 Class Action Blog Summary
What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?
Our attorneys tackle these questions, and more, in our blog, Consumer Financial Services Law Monitor. The following overview provides summaries of our most recent posts, which include case summaries, key takeaways, and practical insights affecting class action litigation.
Do you have a question or comment about the information presented in our posts? Please contact Scott Kelly and Mary Zinsner, partners in our financial services litigation practice.
About Our Class Action Practice
Troutman Pepper’s national class action litigation team defends bet-the-company class actions across the U.S. We have successfully defended class actions in more than 35 states, including California, Florida, Illinois, and West Virginia.
We have a long track record of resolving class actions for clients in diverse industries and affecting a wide range of legal and business concerns. Our team includes attorneys whose practices are dedicated to sectors such as financial services, insurance, hospitals and health care, pharmaceuticals and medical devices, retail, higher education, and more. We offer a deep bench of experienced attorneys in areas such as debt collection practices, data breach, privacy, products liability, securities, mass tort, unfair business practices, labor and employment, environmental, ERISA, and antitrust.
Featured Posts
Virginia Federal Court Applies Broad Reading of Military Lending Act’s Statute of Limitation in Dismissal of Borrower Class Action
In Wood v. Omni Financial of Nevada, Inc., the plaintiffs filed a class action complaint alleging violations of the Military Lending Act (MLA). Specifically, the plaintiffs, two active duty service members who had entered into multiple installment loans with the defendant, alleged that the defendant violated the MLA by unlawfully: 1) extending loans with interest rates that exceeded the military annual percentage rate of interest (MAPR); 2) extending loans that rolled over prior loans; 3) requiring plaintiffs to establish an allotment to repay the loan as a precondition to receiving funding; and 4) requiring plaintiffs to provide a security interest in their bank account as a condition for receiving the loans. The court disagreed with the plaintiffs’ assertions and granted the defendant’s motion to dismiss for failure to state a claim.
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Supreme Court Holds That Litigation is Automatically Stayed Pending Appeal of Order Denying Motion to Compel Arbitration
Today the U.S. Supreme Court issued a 5-4 decision in Coinbase, Inc. v. Bielski, holding that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is pending. The decision resolves a circuit split on the question of whether such a stay is mandatory or discretionary. Justice Kavanaugh authored the majority opinion, joined by Chief Justice Roberts and Justices Alito, Gorsuch, and Barrett. Justice Jackson authored a dissenting opinion in which Justices Sotomayor, Kagan, and Thomas (in part) joined.
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