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Litigation Byte (January 2025 Edition)
Read Time: 2 minsDelivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Subscribe here.
SCOTUS: Case Removed on Federal Question Grounds Must Be Remanded if Federal Claim Is Dismissed
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.
SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA
On January 21, 2025, the Supreme Court heard oral arguments in a case that may have an outsized impact on the nature of judicial review of federal agency legal interpretations. At issue before the Court was whether the Hobbs Act requires district courts to follow the FCC’s interpretation that the Telephone Consumer Protection Act does not prohibit unsolicited advertisements via fax.
Supreme Court to Decide: Can Class Actions Be Certified If Some Class Members Lack Standing?
On January 24, 2025, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis. It will attempt to resolve a circuit split regarding whether federal district courts can certify a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure if some members of the proposed class lack a cognizable injury under Article III.
Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction
In a tale of two cases, a bank brought action to foreclosure on a mortgage loan in New Jersey Superior Court. While the foreclosure action proceeded in state court, the plaintiff brought a separate claim against the bank in federal district court—alleging the same violations of the CARES Act, RESPA, and FDCPA.
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