Litigation

Recent Posts

Ballard Spahr LLP: 11th Circuit Weighs In On AT&T Mobility v. Concepcion
Posted on 16 Aug 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group As previously reported , in AT&T Mobility LLC v. Concepcion the U.S. Supreme Court on April 27, 2011, held that the Federal Arbitration Act (FAA) preempts California law classifying most class action waivers... Read More

11th Circuit: Heath Care Reform Law's Individual Mandate Is Unconstitutional
Posted on 12 Aug 2011 by Cheryl Keely

ATLANTA - (Mealey's) A split 11th Circuit U.S. Court of Appeals panel on Aug. 12 reversed summary judgment involving the Patient Protection and Affordable Care Act but said the health care reform law's mandate that American buy health insurance... Read More

High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims
Posted on 18 Jan 2012 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits... Read More

U.S. Supreme Court Remands Bankruptcy Defalcation Case, Says Higher Standard Needed
Posted on 13 May 2013 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 13 unanimously vacated and remanded a case involving a bank's claim that a debtor who had acted as trustee for his father's insurance trust was guilty of defalcation for making loans... Read More

U.S. Supreme Court Agrees To Hear 'Defalcation' Bankruptcy Case
Posted on 29 Oct 2012 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 agreed to hear a case to determine whether a defalcation was committed by a debtor who, prior to filing for bankruptcy, had been appointed the trustee of his father's life insurance... Read More

11th Circuit Hears Oral Arguments In Lawsuit Over Health Care Law
Posted on 10 Jun 2011 by Cheryl Keely

ATLANTA - (Mealey's) An 11th Circuit U.S. Court of Appeals panel heard more than two hours of oral argument on June 8 in the federal government's challenge to a district court's decision finding the minimum coverage provision in the Patient... Read More

States Petition Supreme Court In Health Care Act Case
Posted on 29 Sep 2011 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) States challenging the Patient Protection and Affordable Care Act (PPACA) filed a petition on Sept. 28 for writ of certiorari with the U.S. Supreme Court, saying an 11th Circuit U.S. Court of Appeals decision affirming... Read More

Oral Argument Heard In Appeal Of Telephone Consumer Protection Act Suit
Posted on 30 Nov 2011 by Timothy Raub

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Nov. 28 heard oral arguments in an appeal of an 11th Circuit U.S. Court of Appeals ruling that it lacked subject matter jurisdiction over a consumer's Telephone Consumer Protection Act ... Read More

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape
Posted on 19 May 2015 by Ballard Spahr LLP

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review... Read More

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products
Posted on 30 Jun 2015 by DLA Piper

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff... Read More

Supreme Court Says Hospital Merger Not Immune From Antitrust Scrutiny
Posted on 19 Feb 2013 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 19 ruled that the state-action doctrine does not immunize the merger between two Georgia hospitals from the Federal Trade Commission's challenge that the transaction substantially lessened... Read More

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions
Posted on 16 Jul 2015 by Ballard Spahr LLP

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice... Read More