More than a decade ago, Congress attempted to address a novel threat that was then only in its nascent stages: identity theft. The Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) provided consumers with several tools to protect their identity, including the ability to request free annual credit reports from the three major credit … Continue Reading
Earlier this week, the Sixth Circuit released an interesting opinion addressing the use of representative evidence in “collective actions” brought under the Fair Labor Standards Act. As discussed below, the Court held that uniform testimony from dozens of individual employees can establish liability without the need for statistical evidence. At the same time, the decision … Continue Reading
A look at appeals in class actions in the Sixth Circuit over the past year reveals several interesting points about these often high stakes lawsuits. First, out of the seventeen cases turned up using a commercial research service, the Sixth Circuit was more slightly more likely to grant review of the district court’s decision on … Continue Reading
We have covered a number of important Sixth Circuit decision on class actions over the past year, including as Randleman v. Fidelity National Title Ins. Co. and Dealer Computer Services, Inc. v. Dub Herring Ford. Though a small percentage of the court’s docket, such cases often have an outsize effect on both precedent within the … Continue Reading