Showing 3 posts from January 2016.

What Every Attorney Needs to Know about the Recent Changes to Rule 26 of the Federal Rules of Civil Procedure

Attorneys who litigate in Federal Court need to be aware of the recent amendments to the FRCP, which went into effect on December 1, 2015, in particular changes to  Rule 26, which governs the “duty to disclose” information in discovery. Read More ›

Damages under Fair Debt Collection Practice Act Class Actions: The Damages Cap Applies Only to Statutory Damages

The federal Fair Debt Collection Practices Act (“FDCPA”) provides significant protections to debtors, and allows claims to be brought individually or on behalf of a class. Read More ›

The Rooker-Feldman Doctrine and Absent Class Members in FDCPA Actions

Often in class actions brought against debt collectors under the Fair Debt Collection Practices Act (“FDCPA”), some absent class members will be subject to state court judgments obtained (often wrongfully) by the debt collection defendant. The question often arises as to whether those individuals can still be part of the class, or whether their inclusion in an FDCPA action is barred by the Rooker-Feldman doctrine. In the Ninth Circuit, at least, Rooker-Feldman does not apply in such circumstances.   Read More ›