In TransUnion v. Ramirez, the Supreme Court’s ruling gave license to U.S. District Courts to systematically dismiss consumer claims for lack of Article III standing. Despite Congress’s creation of statutes that regulate businesses and provide statutory damages for those victimized by the illegal practices, federal courts have now set higher standards on what is an injury that creates standing. This webinar will address whether state court adjudication of federal statutory individual or class claims is a feasible alternative to federal court in light of Ramirez.
This webinar seeks to teach lawyers to identify what types of consumer claims can be brought in state court and will provide tools for attorneys to use in making the determination to bring claims in state court on an individual or class basis.
What You Will Learn
- What types of claims that are failing in federal court can be sustained in state court
- When it is better to file claims in state court rather than federal court
- What adjustments to your case management methods must be made
- What considerations are needed for asserting federal statutory claims in state court
- How to determine if your state court follows or does not follow Article III jurisdictional principles
- How to handle the potential that your case may be removed to federal court
- What to consider if the defendant does remove
- What typical arguments defendants may make in seeking dismissal of your claims in state court
Larry P. Smith is a consumer attorney, handling matters involving the FCRA, FDCPA, EFTA, and state consumer fraud/UDAP matters for more than nineteen years. He is the managing partner at SmithMarco, P.C., which he established in 2005. Larry has tried dozens of consumer rights cases to verdict in the state and federal courts of Illinois, Georgia, and Wisconsin and has arbitrated more than 700 cases. Additionally, he has amicably resolved over 4,000 consumer fraud, FCRA, and FDCPA cases via settlement.
James M. Pietz is a plaintiffs’ class action attorney who has litigated many different consumer class actions over the last thirty years in state and federal courts around the country. Jim is a partner with the Pittsburgh law firm of Feinstein Doyle Payne & Kravec, LLC. He has litigated class actions under the FCRA, FDCPA, and RICO, as well as under various state debt collection or consumer fraud/UDAP statutes. He has handled numerous appeals in state and federal courts of appeal involving significant or systemic issues in complex consumer class litigation.
November 16, 2021
Private Members: $40
Legal Aid/Public Interest/Military/Law Student Members: $30