330px-Supreme_Court_Front_Dusk-150x120.jpgA peculiar thing happened after the Supreme Court announced its decision in Spokeo, Inc. v. Robins (pdf) on Monday.

Even though the Court ruled in favor of Spokeo—vacating the Ninth Circuit’s ruling that the plaintiff had standing to sue and holding that the court of appeals had applied a legal standard too generous to plaintiffs—both sides declared victory. (Full disclosure: I argued on behalf of Spokeo in the Supreme Court.)

Spokeo tweeted:

Jay Edelson,

What’s going on?Continue Reading Plaintiffs’ Lawyers Try to Spin Spokeo

Lawsuits under the federal Truth in Lending (TILA) Act are commonly filed as putative class actions. An interesting report from the Transaction Records Access Clearinghouse (TRAC) reports that TILA litigation in federal courts has decreased 89 percent in the last four years. In particular, in May 2013, only 16 new TILA actions were filed in federal court. By contrast, four years ago, in May 2009, 152 TILA actions were filed.

Here is a graph from TRAC’s report, which shows that the rate of TILA filings today is below 2008 levels:

 
Continue Reading The Flood of Truth in Lending Act Litigation May Be Ebbing