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Results: 1-8 of 8

Attorney fee award to debtor is affirmed where creditor's "reasonable reliance" claims have no merit

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • February 1 2013

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting

Court invalidates fee award premised on financial ramifications on non-prevailing party

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • April 17 2012

In Walker v. Ticor Title Co. of California, 2012 DJDAR 3467 (2012), the California Court of Appeal for the First Appellate District reversed an award of attorney fees

Ninth Circuit holds Federal Arbitration Act preempts California law prohibiting arbitration of claims for broad public injunctive relief

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • March 13 2012

On March 7, 2012, the Ninth Circuit Court of Appeals issued an opinion that significantly limits the power of California, and other states, to restrict the enforcement of arbitration agreements and class action waiver clauses

FINRA and Charles Schwab battle over class action waiver clauses

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • February 28 2012

Last October, Charles Schwab & Company ("Schwab") began inserting into its customer Account Agreements a class action waiver clause

California supreme court holds that zip codes constitute "personal identification information" under the song-beverly credit card act, triggering a flurry of consumer lawsuits

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • February 17 2011

In Pineda v. Williams-Sonoma Stores Inc., 2011 Cal. LEXIS 1355 (February 10, 2011), the California Supreme Court addressed the issue of whether a person’s zip code constitutes “personal identification information” under the Song-Beverly Credit Card Act of 1971, Cal. Civ. Code 1747 et seq. (Credit Card Act

Ninth Circuit applies California UCL standards, confirming recent state law precedents

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • July 28 2010

In a follow up to last week’s post regarding the Nelson v. Pearson opinion, the Ninth Circuit has now applied similar principles when applying California state law

Non-taxable costs may be awarded under the Fair Credit Reporting Act

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • May 26 2010

In Grove v. Wells Fargo Financial California Inc., 2010 DJDAR 7351 (2010), the Ninth Circuit Court of Appeals decided an interesting case involving the types of costs which are recoverable under the provisions of the Fair Credit Reporting Act (“FCRA”) 15 U.S.C. 1681 et seq

Use of credit-scoring factors in the pricing of homeowner's insurance under the FHA and the McCarran-Ferguson Act

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • April 14 2010

In a putative class action, Ojo v. Farmers Group, Inc., et al., Case No. 06-55522 (9th Cir. April 9, 2010), an en banc panel of the Ninth Circuit Court of Appeals decided a case where the Plaintiff alleged that the use of credit-scoring factors in the pricing of homeowner's insurance in Texas had a disparate impact on minorities in violation of the federal Fair Housing Act ("FHA"), 42 U.S.C. sections 3601-19