[W]hile the statutory religious exemption to Title IX may permit, or even require, the Department to refuse assistance to sexual and gender minority students like the Plaintiffs, the Constitution forbids such inaction.” Hunter v. U.S. Department of Education, Complaint ¶6.

Title IX has long had an exemption for religious institutions, which ...

The outbreak of COVID-19 tuition refund class actions is as virulent as the pandemic that inspired them. In just one week, the number of tuition refund class actions against colleges and universities nearly doubled from 60 to 105,  most bearing an uncanny similarity to those that preceded them. Their main complaint is that the innovative transition ...

Nowhere is the COVID-19 virus mutating more quickly than in the cozy confines of class action litigation. From business interruption, to gym memberships, to disappointed Airbnb hosts, more and more Americans are turning to Rule 23 to recover losses that are as unprecedented as they were unpredictable.

The halls of higher education have not been ...

On Friday, January 13, 2017, the U.S. Supreme Court granted certiorari in Henson v. Santander Consumer USA, Inc. This case raises the question whether a debt buyer is a “creditor” or a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The answer to this question, it turns out, is far from clear since debt buyers fit ...

There is always a risk when industry competitors adopt similar revenue-boosting measures. If you are cooperating with a competitor, make sure it’s not at the expense of competition.

What do you do when a court certifies a class over your objection and denies your motion for directed verdict on the critical class certification issue at trial, and a jury awards $32 million ($54 million if you count pre-judgment interest) on an individual claim worth $133.80? 

On January 15, 2016, the U.S. Supreme Court granted certiorari to review the decision of the Ninth Circuit in Baker v. Microsoft Corporation.

Class-wide relief for security breaches just got a little easier in the Seventh Circuit.  

On April 7, the United States Court of Appeals for the Sixth Circuit issued a decision clarifying the rules governing the timing of removal of cases to federal court under the Class Action Fairness Act (CAFA).

Major cyber-attacks on a U.S. corporation or government agency are becoming more and more common. The news of 21.5 million Social Security numbers stolen from the Office of Personnel Management is the latest example.

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