Plaintiffs claimed that the fiduciaries of their retirement plan violated the Employment Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., in ways that damaged their efforts to stockpile savings for their winter years. The court held that… Continue reading
Plaintiffs defaulted on a loan that they had secured by giving the lender a mortgage on their property. A law firm representing the lender sent plaintiffs a letter and documents demanding payment of the debt and threatening to foreclose on the property… Continue reading
Plaintiff, a class representative, appealed the district court’s dismissal of her complaint for failure to state a claim and its order denying her motion for reconsideration. Plaintiff argued that examinations under oath (EUOs) were impermissible condi… Continue reading
Plaintiff filed a putative class action against M&T Bank, alleging that it improperly charged its checking account customers overdraft fees. The district court denied M&T Bank’s renewed motion to compel arbitration, finding that plaintiff’s claims were… Continue reading
This appeal was the consolidation of four appeals brought by objectors to a class action settlement. The underlying case involved allegations that AHS engaged in a pattern of wrongfully denying claims under its home warranty contracts. Two class action… Continue reading
This appeal involved a fundamental misunderstanding about the enforcement of an injunction. The district court approved a settlement between defendant and a national class represented by plaintiffs, as part of its judgment, enjoined permanently “anyone… Continue reading
This case arose when plaintiffs filed a nationwide consumer class action against Life of the South Insurance Company (Life of the South). At issue was whether Life of the South had a right to enforce against plaintiffs the arbitration clause in the loa… Continue reading
Plaintiffs, visually or manually impaired Florida citizens who were registered to vote in Duval County, Florida and were represented by the American Association of People with Disabilities, filed a putative class action against defendants, alleging tha… Continue reading
Plaintiff filed a class action suit against JP Morgan Chase Bank (“Chase”) alleging violations of Fla. Stat. 655.85 and unjust enrichment where she was charged a fee to cash a check as a non-account holder at Chase. At issue was whether the district co… Continue reading