Litigation Byte
Litigation Byte (November/December 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.
Second Department Applies “Injury-in-Fact” Requirement to Dismiss FDCPA Claims
On November 19, 2025, the Appellate Division, Second Department reversed the trial court’s denial of the defendant’s motion to dismiss claims alleging violations of the FDCPA for lack of standing.
Trafficking Victims Protection Can Extend to Employee Training Programs
In a recent decision, the Northern District of Illinois denied a beauty salon’s motion to dismiss claims under the Trafficking Victims Protection Reauthorization Act, the Trafficking Victims Protection Act of 2000, and various Illinois state law claims. The court found that the plaintiff plausibly alleged that the salon’s employee training program amounted to forced labor.
Doing Something Is Better Than Nothing: LA-SC Provides Some Safe Harbor in Garnishment Cases
In October 2025, the Louisiana Supreme Court issued a 6-1 decision in First Pay, Inc. v. Dukes, addressing the finality of judgment pro confesso proceedings and the interpretation of recently revised La. R.S. 13:3923, related to garnishment of wages, salaries, and commissions.
When “Any and All Claims” Means What It Says: Ohio Supreme Court Upholds Broad Arbitration Clause
In a recent opinion, the Supreme Court of Ohio clarified that a broad arbitration provision meant that all claims – even tort claims – were arbitrable.