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Articles by Charles Niemann
Eighth Circuit Affirms That Consumer Reporting Agencies May Reasonably Rely on Official Court Records Under the FCRA | JD Supra
The Eighth Circuit's June 25, 2026, decision in Fraase v. Advantage Credit Bureau, No. 25-1872,[1] reinforces a critical defense for consumer reporting agencies (CRAs) in Fair Credit Reporting Act (FCRA) litigation.
The Seventh Circuit To Issue First Appellate Decision Holding That Text Messages Are Not Covered By Do-Not-Call Provisions Of The TCPA
Foley & Lardner are most popular: within Wealth Management and Strategy topic(s) For decades, courts in TCPA litigation assumed that text messages qualify as “telephone call[s]” under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA), relying primarily on FCC regulations. That assumption now faces serious challenges. In the wake of the Supreme Court’s decision in McLaughlin Chiropractic Associates v.
Some Judges Have - Naturally - Grown Skeptical Of False Advertising Class Actions Challenging "Natural" Labels
Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as "all natural" or "100% natural." These lawsuits often point to any product label-language that could somehow be construed by consumers as referring to the product as "natural," even when that is not what was intended by the manufacturer and would belie a reasonable reading of the product packaging.
Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels | JD Supra
Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to any product label-language that could somehow be construed by consumers as referring to the product as “natural,” even when that is not what was intended by the manufacturer and would belie a reasonable reading of the product packaging.
S.D.N.Y. Finds Arbitration Clause In Insurance Contract Unenforceable, Following Second Circuit Precedent That The McCarran-Ferguson Act Preempts The New York Convention - Reinsurance - United States
Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance disputes are preempted by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), which governs international arbitrations and favors same in various industries, including insurance and reinsurance. These cases, Veterans Blvd.
S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the McCarran-Ferguson Act Preempts the New York Convention | Foley & Lardner LLP - JDSupra
Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance disputes are preempted by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), which governs international arbitrations and favors same in various industries, including insurance and reinsurance. These cases, Veterans Blvd.
November 2023 Probate and Fiduciary Litigation in MA and NY
Voluntary Personal Representative Is a "Prior Appointment" For Purposes of the Limitation Period for Commencing Formal Probate In The Matter of the Estate of Patricia Ann Slavin, 492 Mass. 551 (2023) Does the position of voluntary personal representative under G. L. c. 190B, § 3-1201 constitute a “prior appointment,” which operates to exempt an estate from the requirement contained in G. L. c.
Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to Challenge International Arbitration Awards Rendered in the United States or Decided under U.S. Law | Foley & Lardner LLP - JDSupra
We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available to challenge international arbitration awards.
Can a Federal Court Refuse Recognition of a Nondomestic Arbitral Award Issued in the United States on the “Exceeding Powers” Ground? | JD Supra
February 6, 2023 To embed, copy and paste the code into your website or blog: On February 14, the en banc Eleventh Circuit Court of Appeals will hear oral argument in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), a case with significant importance for the enforceability in the United States of nondomestic1 arbitration awards that are rendered in such busy arbitral seats as Miami and Atlanta.
Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model | JD Supra
In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it inadequate under the United States Supreme Court’s decision in Comcast v. Behrend.
Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model
Wednesday, September 28, 2022 In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it inadequate under the United States Supreme Court’s decision in Comcast v. Behrend.
Hot Topics in Consumer Product False Advertising Class Actions: An Increased Focus on Ethics, Sustainability, and Safety Claims
Overview The past 18 months have witnessed a steady increase in the filing of consumer class actions involving allegations of false or deceptive advertising related to consumer products. While such cases traditionally focused on product features or performance, more and more class actions challenge advertising describing the environmental, sustainability, and ethics practices of the consumer product manufacturers themselves.
Hot Topics In Consumer Product False Advertising Class Actions: An Increased Focus On Ethics, Sustainability, And Safety Claims
Overview The past 18 months have witnessed a steady increase in the filing of consumer class actions involving allegations of false or deceptive advertising related to consumer products. While such cases traditionally focused on product features or performance, more and more class actions challenge advertising describing the environmental, sustainability, and ethics practices of the consumer product manufacturers themselves.
Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation | JD Supra
On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules.1 Specifically, the Court took issue with the rule adopted by most federal circuits, under which waiver of an arbitration right required a showing of prejudice.
Supreme Court Makes It Easier To Establish A Waiver Of Arbitration Through A Pursuit Of Litigation
On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act's (FAA) "policy favoring arbitration" does not allow federal courts to create arbitration-specific federal procedural rules.1 Specifically, the Court took issue with the rule adopted by most federal circuits, under which waiver of an arbitration right required a showing of prejudice.
Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision | JD Supra
In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The FTC had frequently used Section 13(b) to compel monetary payment, collecting $5.29 billion in disgorgement and restitution in 2019 alone.
Questioning Disgorgement Remedies In Light Of The U.S. Supreme Court's AMG Capital Management, LLC V. FTC Decision - Consumer Protection - United States
United States: Questioning Disgorgement Remedies In Light Of The U.S. Supreme Court's AMG Capital Management, LLC V. FTC Decision 02 September 2021 by Charles W. Niemann and Erik Swanholt Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In a unanimous decision in AMG Capital Management, LLC v.
Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision
In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The FTC had frequently used Section 13(b) to compel monetary payment, collecting $5.29 billion in disgorgement and restitution in 2019 alone.
The New York Convention Overpowers the McCarran-Ferguson Act and Washington State Law Prohibition of Arbitration Clauses in International Insurance Contracts | Foley & Lardner LLP - JDSupra
The Ninth Circuit held on August 12, in CLMS Management, that the New York Convention requires enforcement of an arbitration clause in an insurance policy issued by a foreign insurer to a U.S. policyholder, notwithstanding a Washington State statute prohibiting arbitration clauses in insurance contracts.
Supreme Court to Decide Whether U.S. Courts Can Compel U.S. Discovery for Use in Foreign Private Commercial Arbitrations under 28 U.S.C. § 1782(a) | JD Supra
The Supreme Court granted a petition for a writ of certorari in Servotronics Inc. v. Rolls Royce PLC et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020) and will have the opportunity to resolve an important question, which resulted in a growing circuit split — whether U.S. courts have the power to compel U.S. discovery for use in foreign private commercial arbitrations under 28 U.S.C. § 1782.
Resolving Business Disputes: U.S. Discovery in Aid of International Private Commercial Arbitration
International commercial arbitration is increasingly important for U.S. lawyers and their clients, including those in Wisconsin. A particular sticking point is discovery, procedures for which differ within and outside the United States. Suppose one afternoon a subpoena seeking testimony and documents from your client and referencing 28 U.S.C. § 1782 comes across your desk.
The Missing Link: Keeping Sales Reps From Turning Into Franchisees | JD Supra
Introduction Manufacturers and suppliers do not ordinarily think to check state franchise or product distribution statutes when terminating a third-party sales representative, and for good reason: sales reps are mostly regulated separately, and far more lightly, than dealerships or franchises. A recent decision from the United States District Court for the District of Connecticut, however, illustrates why manufacturers and suppliers cannot simply count on this state of affairs for protection.
Supreme Court to Decide Whether Reference to Injunctive Relief in Arbitration Clause Gives Court Power to Rule on Arbitrability of Dispute | JD Supra
Last month the Supreme Court granted a petition for a writ of certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. and will take up, in its next term, yet another issue of pressing importance for commercial arbitration. This is the second time this case is before the Supreme Court.
Second Circuit Says Post-Litigation Notice Of Arbitration Clause Sufficient To Bind Plaintiff
To print this article, all you need is to be registered or login on Mondaq.com. In a putative class action against Amazon, Nicosia v. Amazon.com, Inc., the Second Circuit recently issued a ruling (“Nicosia II”) sending the named plaintiff's claims to arbitration based on an arbitration clause contained in Amazon's conditions of use. The Second Circuit rejected plaintiff's arguments that he did not have notice of, or agree to, the arbitration clause.
Second Circuit Says Post-Litigation Notice of Arbitration Clause Sufficient to Bind Plaintiff | JD Supra
In a putative class action against Amazon, Nicosia v. Amazon.com, Inc., the Second Circuit recently issued a ruling (“Nicosia II”) sending the named plaintiff’s claims to arbitration based on an arbitration clause contained in Amazon’s conditions of use. The Second Circuit rejected plaintiff’s arguments that he did not have notice of, or agree to, the arbitration clause.
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