04.22.21
On appeal from the first significant federal trial to address whether brick-and-mortar retailers must maintain an accessible website, the U.S. Court of Appeals for the Eleventh Circuit has held that grocery store chain Winn-Dixie Stores Inc. need not make its website accessible to blind people.
10.16.19
A major national bank won a motion to dismiss in a multidistrict litigation challenging its overdraft fee practices, sending the individual plaintiffs’ disputes to arbitration pursuant to customer account or deposit agreements.
09.25.19
Taking the cautious view of a district court’s judicial discretion, the U.S. Court of Appeals for the Ninth Circuit declined to grant a writ of mandamus seeking to overturn a case management order that prohibited precertification class settlement discussions.
07.31.19
The Ninth Circuit refused to allow various defendants to escape liability for a variety of alleged mortgage relief scams, affirming judgments based on violations of the FTC Act and the federal Mortgage Assistance Relief Services (MARS) Rule.
Adding prejudgment interest to a consumer’s debt from the date of charge-off—and reporting the account with that interest to multiple credit bureaus—did not violate the Rosenthal Fair Debt Collection Practice Act, a California appellate panel has ruled.
06.24.19
In a case resolving a complex procedural question about the ability of property owners to have access to federal courts for their disputes with local government agencies, the Supreme Court overruled a 34-year-old precedent and held that property owners—like all other Americans—are ...
01.22.16
In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co. v. Gomez.
12.18.15
Appellate courts tend to avoid broadly sweeping language in their opinions. And rightly so, as appellate opinions are meant to bring clarity to a muddled issue or area of law, not to gloss over the finer points with well-worn platitudes.
02.24.15
Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various circumstances.
10.04.13
Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable.