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The Illinois Credit Agreements Act: still the best defense against lender liability claims

Edwards Wildman Palmer LLP
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USA
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March 19 2009

Decisions in 1995 and 1996 by Illinois state and federal courts established that if any portion of an agreement is a commercial loan or credit agreement, then the Illinois Credit Agreements Act, 815 ILCS 1601 et seq., bars all claims, counterclaims, and defenses by the debtor against the lender based either on their agreement, or on any credit agreement amendment or modification, that is not both written and signed

Florida federal court decision certifying statutory fraud class action highlights statutory fraud claims as a basis for class certification

Edwards Wildman Palmer LLP
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USA
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November 12 2010

Allison Nelson filed a putative class action alleging that Mead Johnson violated the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") by misrepresenting its Enfamil LIPIL infant formula as the only infant formula that contains DHA and ARA

U.S. Supreme Court to decide whether federal court’s denial of class certification precludes certification of the same class in state court

Edwards Wildman Palmer LLP
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USA
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November 12 2010

In August 2001, George McCollins filed a putative class action in West Virginia state court against Bayer and other defendants

Seventh Circuit Court of Appeals authorizes a broad injunction against re-litigation of class certification issues

Edwards Wildman Palmer LLP
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USA
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November 12 2010

Steven Thorogood filed a putative class action in Illinois state court alleging that Sears had engaged in deceptive conduct by selling dryers with the words "stainless seal" imprinted on them and by advertising the dryers as having drums made of stainless steel when the dryer drums were not made entirely of stainless steel

California appellate court affirms denial of certification of proposed class whose members were not ascertainable

Edwards Wildman Palmer LLP
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USA
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December 21 2010

Raymundo Sevidal purchased clothing from Target's website that was mistakenly identified on the website as having been made in the United States

Presentation of evidencerather than assertions about the evidence that allegedly will be presented at trialis required at a certification hearing

Edwards Wildman Palmer LLP
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USA
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December 21 2010

Jeffrey Chudner paid a fee to use a Transunion website that promised to provide users with their credit scores from the three major credit bureaus but allegedly did not accurately report the scores to Chudner

Recent denial of class certification in Light Cigarettes Marketing case emphasizes that Article III bars class certification if individual putative class members lack injury in fact

Edwards Wildman Palmer LLP
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USA
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December 21 2010

In re Light Cigarettes Marketing Sales Practices Litigation, 2010 WL 4901785 (D.Me. Nov. 24, 2010), is the fifteenth case to consider class certification for purchasers of light cigarettes

Ninth Circuit sets criteria to determine whether to hear discretionary appeals under CAFA

Edwards Wildman Palmer LLP
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USA
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December 21 2010

Bradford Coleman, a California citizen, sued Estes Express Lines, Inc., a Virginia-based corporation, individually and on behalf of a proposed class, in California state court

Supreme Court to decide whether class certification in a securities fraud case requires proof of loss causation

Edwards Wildman Palmer LLP
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USA
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February 11 2011

In Basic Inc. v. Levinson, 485 U.S. 224 (1988), the Supreme Court held that in a federal securities fraud class action, if the plaintiff proves that the defendant’s shares are publicly traded on an efficient, well developed market and that the plaintiff purchased shares of the defendant after the defendant made material false representations and before the truth about these misrepresentations was revealed, then a rebuttable presumption arises that the plaintiff relied on the defendant’s misrepresentations in purchasing the shares

Federal appeals court reverses certification of class injunctive relief claim seeking to require an insurer to reinspect thousands of roofs

Edwards Wildman Palmer LLP
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USA
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March 17 2011

In March 2007, several State Farm policyholders filed a putative class action in Indiana state court

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