Appellate Law News and Insights

Last month, in a split decision, the Eleventh Circuit reversed a district court's incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it may have rung the death knell on class action incentive awards in that Circuit. Dickenson...

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Takeaway:  Class defendants prefer federal court.  In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court, and any such analysis typically involves whether the case satisfies the $5 million jurisdictional threshold of the Class Action Fairness...

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The United States Court of Appeals for the Ninth Circuit recently affirmed a District Court's dismissal of a lender's claim, holding that the Nevada statute allowing for the HOA sale of a property that extinguished the lender's deed of trust did not violate the Takings or Due Process Clauses.  See Wells Fargo...

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