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JACKSON, Miss. (Legal Newsline) – As the Mississippi Supreme Court decides whether to allow class action lawsuits in state courts, a legal reform group has filed its opposition.
Joe Rubin, who recently was named senior vice president of government relations and public affairs at Washington, D.C.-based public relations firm MWWPR and who previously served as senior counsel at Arnall Golden Gregory LLP, said the plaintiff groups’ arguments are “very strong.”
The order, released in June, holds, among other things, that punitive damages awards are no longer deferred for cases placed on the trial calendar after the CMO’s effective date.
More than a dozen groups, including the U.S. Chamber of Commerce, American Financial Services Association and Financial Services Roundtable, filed a lawsuit Sept. 29 in the U.S. District Court for the Northern District of Texas, Dallas Division, against the Consumer Financial Protection Bureau’s new rule, finalized in July.
U.S. Rep. Ann Wagner, a Republican, introduced The Protecting Advice for Small Savers, or PASS, Act of 2017 last week.
Gov. Doug Ducey, a Republican, signed the legislation, Senate Bill 1406, last week. The amendment to the Arizonans with Disabilities Act will allow businesses up to 90 days to fix access violations before a lawsuit can be filed. The amendment originally had included a 30-day compliance period.
A group of associations have filed an appeal in the U.S. Court of Appeals for the Fifth Circuit and a Kansas-based company has filed an appeal in the U.S. Court of Appeals for the Tenth Circuit over the controversial new rule. The rule mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.
WASHINGTON (Legal Newsline) – On Nov. 21, a California appeals court reversed a
trial court’s previous class action decertification on Lubin v. Wackenhut Corp.
Judge Barbara M.G. Lynn, in a detailed 81-page order released Wednesday, shot down each of the plaintiffs’ major arguments, most notably deciding that the rule does not exceed the U.S. Department of Labor’s authority.
The Washington Legal Foundation is among those calling on the U.S. Court of Appeals for the Third Circuit to overturn a Pennsylvania federal court’s decision that, they argue, would undermine class-wide settlements by permitting plaintiff states to file copycat lawsuits despite benefiting from a settlement.
The Department of Labor, in a lawsuit brought by a group of trade associations in June, contends its conflicts of interest rule, despite the cost, better serves investors and aligns with other federal retirement laws. The department is asking a Texas federal court to rule in its favor.
The DOL released its final rule in April. The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.
Some federal lawmakers argue the bill is needed to keep the Department of Justice from directing millions, even billions, of dollars to certain groups. They contend only Congress has the power to make such decisions.
Petitioners, intervenors recently filed final reply briefs in their case against the Federal Communications Commission in a federal appeals court. They argue in their filings that the commission’s July omnibus ruling interpreting the Telephone Consumer Protection Act expanded the law beyond its intended meaning.
The House Committee on Rules is set to take up H.R. 1927 -- now the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2015 -- Wednesday afternoon and then send it to the House floor for a vote.