?Ninety percent of U.S. antitrust enforcement is generated through private actions, and the class action is perhaps the primary mechanism through which private actors seek to enforce antitrust laws. Acknowledged as a potent tool, class action law and procedure are becoming an unavoidable fact of life for antitrust practitioners. This second edition of the Antitrust Class Actions Handbook is a vital reference for both new and experienced antitrust practitioners navigating the class action thicket. The book is intended as a comprehensive discussion of the issues that arise before, during, and after the filing of an antitrust class action. It considers the issues and challenges faced by both plaintiffs and defendants to such actions, and focuses on both the evolving legal standards as well as the strategic decisions that guide these highly complex cases.

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As class actions have evolved, they have become larger and more complex, requiring mastery of and compliance with ever-evolving case law. Authors and editors Gregory Cook and Jocelyn Larkin, master class action strategists and litigators, worked with other seasoned class action lawyers to produce this essential practice guide for lawyers, judges, and advocates and decision makers at every level. This book provides practical guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms. The thorough, comprehensive, and sophisticated treatment and discussion of all aspects of class action litigation makes this text a vital and necessary addition to the libraries of class action veterans and newbies alike.

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"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition a…

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"A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators." -Publisher's description.

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This volume is an index guide to the Consumer Law Pleadings that are available on the National Consumer Law Center's website. Please note that the NCLC's website can only be accessed using the library's computers. Pleadings in this index are arranged by type, by subject, by legal claim, and by title. Pleading subjects include advertising, arbitration, attorney fees, bankruptcy, campground membership, collection suits, credit reporting, exempt funds, fringe lending, home improvement, insurance, and many more. Access to the companion website is available from the National Consumer Law Center database.

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The Law of Class Action: Fifty-State Survey 2021 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To help you understand the differences in each state' s laws, The Law of Class Action: Fifty-State Survey 2012-2013 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendation…

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To understand the differences in each state's laws, The Law of Class Action: Fifty-State Survey 2014-2015 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on remov…

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The Law of Class Action: Fifty-State Survey is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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The Law of Class Action: Fifty-State Survey 2020 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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Since the original publication of A Practitioner's Guide to Class Actions, the U.S. Supreme Court decided Wal-Mart Corporation v. Dukes—and has continued to decide class action issues each year, involving everything from standards of proof to pre-certification expert witness challenges to class action waivers in arbitration. Those decisions have had a trickle-down effect on the federal circuit and district courts, as well as the jurisprudence of the many states.

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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This annual chapter from Recent Developments in Business and Corporate Litigation produced by the Business and Corporate Litigation Committee features the latest and most significant developments in class action jurisprudence in 2015, including highly anticipated decisions issued by the U.S. Supreme Court. The main sections of this chapter set forth the basic legal framework and concepts governing federal class actions in the United States and highlight key developments in class action law during 2015. It also addresses the basics of Canadian class action law and recent developments in Canadian and cross-border class actions. In the interests of efficiency, this work focuses on developments under Rule 23, which governs class actions in federal courts nationwide and is the model for most state class action law.

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To understand the differences in each circuit's laws, 2018 Survey of Federal Class Action Law: A Circuit-by-Circuit Analysis contains an up-to-date analysis of class action law in each of the Federal Circuits. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in Federal Circuits with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of therespective Circuits and address changes in rules and statutes as well as significant case law.

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To help understand the differences in each circuit's laws, Survey of Federal Class Action Law contains an up-to-date analysis of class action law in each Federal Circuit.

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Claim substantiation refers to the obligation of advertisers to ensure that the messages they communicate about their products or services are truthful and not misleading. In practice, meeting this obligation can be very challenging for marketers and their legal counsel. There are several reasons for this. First, the law that governs advertising claim substantiation is drawn from a variety of different legal practice areas and disciplines. Additionally, because advertisers are legally responsible for both express and implied claims, this question of communication and perception can be a crucial first step. Finally, claim substantiation is complicated by the very flexibility of the legal standard. As a general matter, advertisers are required to have a "reasonable basis" for their claims. The purpose of this handbook is to provide legal practitioners with an introduction to the law, principles and challenges of claim substantiation. The guide provides legal principles, examples and nume…

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"With its recent enactment, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has created the largest overhaul of the Bankruptcy Code since its enactment in 1978. Many of the provisions from the sweeping changes will soon become effective, so we have assembled the critical information you need today in order to start planning for your clients. The writers at CCH and Aspen Publishers have been closely monitoring the Law in order to provide you with timely and insightful analysis." -publisher's description

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This title focuses on defending consumers in debt collection lawsuits.

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"In almost every area of consumer litigation today, the first question is whether the case can be forced into binding arbitration. This treatise now in its eighth edition is the definitive treatment on the subject, written by some of today’s most active consumer attorneys in the field." - publisher's description

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"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as rais…

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"The definitive consumer litigation treatise concerning defective new and used cars (including leased vehicles), manufactured homes, new homes, home improvements, automobile repairs, service contracts, assistive devices, and more." - publisher's description

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"Dodd-Frank Wall Street Reform and Consumer Protection Act: Law, Explanation and Analysis provides comprehensive analysis of this sweeping new banking and securities legislation. These historic reforms will transform the way banks, hedge funds, credit rating agencies, broker-dealers, investment advisers, accountants, public companies and other financial institutions—and the attorneys who advise these entities—operate. Thus, a comprehensive understanding of these changes will be vital to all participants in the U.S. financial system. This definitive publication provides immediate insight into the impact of the new law." -publisher's descriptoin

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This title provides in-depth information about credit reporting. Chapters cover topics such as restrictions on information, the duties of information providers, identity theft, and credit scoring.

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This e-book from the National Consumer Law Center covers the Fair Debt Collection Practices Act and explains what rights consumer have. It includes defenses, counterclaims, other remedies, and several appendices that include sample complaints, discovery, and trial documents.

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"This treatise covers federal and parallel state statutes that prohibit broad categories of merchant or creditor conduct and is an essential companion for any attorney handling deception or consumer credit cases." - publisher's description

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Originally published in 2007, the FTC Practice and Procedure Manual has been updated to reflect important developments at the agency in recent years. The FTC continues to be an active and influential authority in both competition and consumer protection matters, and an understanding of the agency is necessary for everyone who practices in those fields. The FTC Practice and Procedure Manual is intended to provide a "how-to" guide for lawyers and parties involved in both competition and consumer protection matters before the FTC. The manual's primary focus is on procedural matters rather than substantive antitrust or consumer protection law (subjects covered by other Section publications). It outlines the FTC's statutory authority, in particular Section 5 of the FTC Act, underlying the competition and consumer protection missions. It also describes in detail the FTC's organizational structure and rules, procedural issues relating to mergers, rules and procedures for investigations (incl…

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Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

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In today's eCommerce marketplace we can purchase goods and services from all over the world with just a few swipes on our smart phone or hand-held tablet. Online shopping is the new norm for Business-to-Consumer (B2C) transactions. But when problems arise (as they inevitably do) the next step is often unclear. It can be difficult, if not impossible, to tell the good merchants from the bad merchants, and the processes for resolving disputes are often confusing or hard to find. Customer service can feel like a runaround (e.g. long hold times, unfair refund policies) and formal redress mechanisms that work in the face-to-face world, like the courts, are generally impractical for online purchases — especially when purchases are low value and cross several legal jurisdictions. The New Handshake: Online Dispute Resolution and the Future of Consumer Protection focuses on resolving disputes arising from online transactions. This groundbreaking book proposes a design to provide fast and…

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Truth in Lending provides detailed analysis of all aspects of the Truth in Lending Act, the Consumer Leasing Act, the Fair Credit Billing Act, the Home Ownership and Equity Protection Act (HOEPA), and the Credit CARD Act, including the major 2010 amendments.

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Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

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"This treatise examines federal and state restrictions on consumer credit transactions, and federal preemption of the state restrictions. It focuses on interest rates, fees, third-party charges, rebates of unearned interest, late charges and other credit terms for non-mortgage credit." - publisher's description

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"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as rais…

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This self-help title shows you ways to monitor your credit report, improve your credit score, and also has tips on how to manage debt and deal with debt collectors.

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This title provides in-depth information about credit reporting. Chapters cover topics such as restrictions on information, the duties of information providers, identity theft, and credit scoring.

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Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

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"Struggling with debt? Find solutions here. Get out of debt and rebuild your credit. With the step-by-step guidance in this book, you can regain financial freedom by: stopping debt collector harassment cold, negotiating your debt with creditors, reducing your student loan payments, creating a healthy financial plan, wiping the slate clean with bankruptcy. Take the first steps toward living debt-free!" - publisher's description

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This e-book from NCLC details the rights of student loan debtors. It goes over financial hardships and loan deferments, repayment plans, defaulting on a loan, loan discharges, fees, collection actions, and many other related topics.

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This guide for consumers provides practical and helpful advice for those dealing with debt collection, vehicle repossessions, foreclosure, collection lawsuits, and more. Available as an e-book online (no login and in NCLC database (requires login).

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Truth in Lending provides detailed analysis of all aspects of the Truth in Lending Act, the Consumer Leasing Act, the Fair Credit Billing Act, the Home Ownership and Equity Protection Act (HOEPA), and the Credit CARD Act, including the major 2010 amendments.

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Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

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Claim substantiation refers to the obligation of advertisers to ensure that the messages they communicate about their products or services are truthful and not misleading. In practice, meeting this obligation can be very challenging for marketers and their legal counsel. There are several reasons for this. First, the law that governs advertising claim substantiation is drawn from a variety of different legal practice areas and disciplines. Additionally, because advertisers are legally responsible for both express and implied claims, this question of communication and perception can be a crucial first step. Finally, claim substantiation is complicated by the very flexibility of the legal standard. As a general matter, advertisers are required to have a "reasonable basis" for their claims. The purpose of this handbook is to provide legal practitioners with an introduction to the law, principles and challenges of claim substantiation. The guide provides legal principles, examples and nume…

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"This treatise provides advice on how to investigate, plead, litigate, and settle an automobile fraud claim." - publisher's description

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"This treatise covers federal and parallel state statutes that prohibit broad categories of merchant or creditor conduct and is an essential companion for any attorney handling deception or consumer credit cases." - publisher's description

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Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

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Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

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The federal Home Affordable Modification Program, enacted in 2012, provides a set of rules that gives financial incentives to mortgage providers to modify the loans of eligible borrowers so that their monthly payments do not exceed 31% of their monthly income. It was designed to help homeowners under financial duress to stay in their homes. The program is complex and not always perfectly understood by mortgage providers. The Consumer Guide to Mortgage Modification provides homeowners with simple and complete reference when working with lenders under the program. Step by step, it explains what a homeowner needs to know and do to get a loan modification. Homeowners will learn the qualification rules, determine how much they can lower their payments, and assess if their lender is following the rules and using the program effectively. In addition, the book provides homeowners with questions to ask their lender, forms, grids, and worksheets. Knowledge is power and The Consumer Guide to…

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Created by the American Bar Association, this book focuses on helping readers better prepare for a real estate closing by explaining the key provisions contained in commercial mortgage loan documents.

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Since the publication of the first edition of Commercial Lending Law, there have been considerable developments in statutory and case law relevant to commercial lending growing out of the litigation and legislation sparked by the recession in 2008. This second edition contains significant updates and is expanded to include Canada and other U.S. territories. Practical and easy to use, this compendium outlines the essential information about commercial lending law in all 50 states, plus Canada and U.S. territories. This compilation of state surveys covers all aspects of commercial lending laws, including: basic legal structure, general law, procedural law, and the state's court system basic fundamentals interest and usury conflicts of law rules types of borrowers - corporations, partnerships, limited liability companies real estate lending - property rights, leases, mortgages, recording fees and taxes, deficiency rights, transfers in lieu of payment, title insurance, and more Revised Art…

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"This treatise examines federal and state restrictions on consumer credit transactions, and federal preemption of the state restrictions. It focuses on interest rates, fees, third-party charges, rebates of unearned interest, late charges and other credit terms for non-mortgage credit." - publisher's description

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"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as rais…

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This 2015 supplement to The Law of Truth in Lending provides updated, comprehensive coverage of Truth in Lending (TIL) law through 2014. The authors are highly respected specialists in the field, and have integrated discussion of important changes in the law, with a focus on changes since 2006. The description of these changes, placed in the broader context of pre-existing law, provides a unique resource for any practitioner confronted with TIL issues or questions. The book advises practitioners on the scope and explains the issues when considering matters of Truth in Lending (TIL) compliance, disclosure, remediation, and enforcement.

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Mortgage Lending examines federal and state restrictions on the origination and terms of mortgage loans, and federal preemption of the state restrictions. It focuses on underwriting, appraisals, mortgage brokers, third-party fees, interest rates and other loan terms, reverse mortgages and other less common types of mortgages, and litigating mortgage lending claims.

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"This treatise covers the law and provides practical advice related to mortgage servicing and mortgage loss mitigation alternatives." - publisher's description

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"Struggling with debt? Find solutions here. Get out of debt and rebuild your credit. With the step-by-step guidance in this book, you can regain financial freedom by: stopping debt collector harassment cold, negotiating your debt with creditors, reducing your student loan payments, creating a healthy financial plan, wiping the slate clean with bankruptcy. Take the first steps toward living debt-free!" - publisher's description

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This e-book from NCLC details the rights of student loan debtors. It goes over financial hardships and loan deferments, repayment plans, defaulting on a loan, loan discharges, fees, collection actions, and many other related topics.

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Truth in Lending provides detailed analysis of all aspects of the Truth in Lending Act, the Consumer Leasing Act, the Fair Credit Billing Act, the Home Ownership and Equity Protection Act (HOEPA), and the Credit CARD Act, including the major 2010 amendments.

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"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as rais…

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"The definitive consumer litigation treatise concerning defective new and used cars (including leased vehicles), manufactured homes, new homes, home improvements, automobile repairs, service contracts, assistive devices, and more." - publisher's description

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Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

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"This book provides a comprehensive introduction to Articles 1 and 2 of the Uniform Commercial Code (UCC). It provides a useful resource for students and practitioners dealing with sales or contract issues. Students of contracts or sales and any practitioner dealing with sales or contracts issues will profit from this book's use." - publisher's description

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"Expert authors present a primer on the law of sales and leases under Articles 2 and 2A of the UCC. This text also focuses on related subjects governed by Articles 5 and 7 of the UCC (letters of credit and documents of title). Introduces the formation of the contract and examines the statute of frauds, parol evidence, and modification. Covers terms of the contract, as well as performance; third-party title and rights; risk of loss; warranty obligations; repudiation, breach, and excuse; and remedies."—publisher's description

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This paperback reference summarizes domestic and international law of sales.

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Since the original publication of A Practitioner's Guide to Class Actions, the U.S. Supreme Court decided Wal-Mart Corporation v. Dukes—and has continued to decide class action issues each year, involving everything from standards of proof to pre-certification expert witness challenges to class action waivers in arbitration. Those decisions have had a trickle-down effect on the federal circuit and district courts, as well as the jurisprudence of the many states.

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Claim substantiation refers to the obligation of advertisers to ensure that the messages they communicate about their products or services are truthful and not misleading. In practice, meeting this obligation can be very challenging for marketers and their legal counsel. There are several reasons for this. First, the law that governs advertising claim substantiation is drawn from a variety of different legal practice areas and disciplines. Additionally, because advertisers are legally responsible for both express and implied claims, this question of communication and perception can be a crucial first step. Finally, claim substantiation is complicated by the very flexibility of the legal standard. As a general matter, advertisers are required to have a "reasonable basis" for their claims. The purpose of this handbook is to provide legal practitioners with an introduction to the law, principles and challenges of claim substantiation. The guide provides legal principles, examples and nume…

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Created by the American Bar Association, this book focuses on helping readers better prepare for a real estate closing by explaining the key provisions contained in commercial mortgage loan documents.

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?Ninety percent of U.S. antitrust enforcement is generated through private actions, and the class action is perhaps the primary mechanism through which private actors seek to enforce antitrust laws. Acknowledged as a potent tool, class action law and procedure are becoming an unavoidable fact of life for antitrust practitioners. This second edition of the Antitrust Class Actions Handbook is a vital reference for both new and experienced antitrust practitioners navigating the class action thicket. The book is intended as a comprehensive discussion of the issues that arise before, during, and after the filing of an antitrust class action. It considers the issues and challenges faced by both plaintiffs and defendants to such actions, and focuses on both the evolving legal standards as well as the strategic decisions that guide these highly complex cases.

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"This treatise provides advice on how to investigate, plead, litigate, and settle an automobile fraud claim." - publisher's description

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"With its recent enactment, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has created the largest overhaul of the Bankruptcy Code since its enactment in 1978. Many of the provisions from the sweeping changes will soon become effective, so we have assembled the critical information you need today in order to start planning for your clients. The writers at CCH and Aspen Publishers have been closely monitoring the Law in order to provide you with timely and insightful analysis." -publisher's description

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An overview of the commencement, conversion, and dismissal of a bankruptcy case.

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As class actions have evolved, they have become larger and more complex, requiring mastery of and compliance with ever-evolving case law. Authors and editors Gregory Cook and Jocelyn Larkin, master class action strategists and litigators, worked with other seasoned class action lawyers to produce this essential practice guide for lawyers, judges, and advocates and decision makers at every level. This book provides practical guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms. The thorough, comprehensive, and sophisticated treatment and discussion of all aspects of class action litigation makes this text a vital and necessary addition to the libraries of class action veterans and newbies alike.

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"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition a…

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"In late 2007, the Federal Trade Commission (“FTC” or “Commission”) convened a public workshop to evaluate the need for changes in the debt collection system, including the Fair Debt Collection Practices Act (“FDCPA”), to protect consumers better. Based on the workshop record and its experience, the Commission concludes that the debt collection legal system needs to be reformed and modernized to reflect changes in consumer debt, the debt collection industry, and technology. This report sets forth these changes and the modifications to the law the FTC believes are needed to provide better consumer protection without unduly burdening debt collection." - from the executive summary

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This title focuses on defending consumers in debt collection lawsuits.

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Since the publication of the first edition of Commercial Lending Law, there have been considerable developments in statutory and case law relevant to commercial lending growing out of the litigation and legislation sparked by the recession in 2008. This second edition contains significant updates and is expanded to include Canada and other U.S. territories. Practical and easy to use, this compendium outlines the essential information about commercial lending law in all 50 states, plus Canada and U.S. territories. This compilation of state surveys covers all aspects of commercial lending laws, including: basic legal structure, general law, procedural law, and the state's court system basic fundamentals interest and usury conflicts of law rules types of borrowers - corporations, partnerships, limited liability companies real estate lending - property rights, leases, mortgages, recording fees and taxes, deficiency rights, transfers in lieu of payment, title insurance, and more Revised Art…

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"In almost every area of consumer litigation today, the first question is whether the case can be forced into binding arbitration. This treatise now in its eighth edition is the definitive treatment on the subject, written by some of today’s most active consumer attorneys in the field." - publisher's description

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"A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators." -Publisher's description.

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"This treatise examines federal and state restrictions on consumer credit transactions, and federal preemption of the state restrictions. It focuses on interest rates, fees, third-party charges, rebates of unearned interest, late charges and other credit terms for non-mortgage credit." - publisher's description

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This volume is an index guide to the Consumer Law Pleadings that are available on the National Consumer Law Center's website. Please note that the NCLC's website can only be accessed using the library's computers. Pleadings in this index are arranged by type, by subject, by legal claim, and by title. Pleading subjects include advertising, arbitration, attorney fees, bankruptcy, campground membership, collection suits, credit reporting, exempt funds, fringe lending, home improvement, insurance, and many more. Access to the companion website is available from the National Consumer Law Center database.

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"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as rais…

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"The definitive consumer litigation treatise concerning defective new and used cars (including leased vehicles), manufactured homes, new homes, home improvements, automobile repairs, service contracts, assistive devices, and more." - publisher's description

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This self-help title shows you ways to monitor your credit report, improve your credit score, and also has tips on how to manage debt and deal with debt collectors.

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"Dodd-Frank Wall Street Reform and Consumer Protection Act: Law, Explanation and Analysis provides comprehensive analysis of this sweeping new banking and securities legislation. These historic reforms will transform the way banks, hedge funds, credit rating agencies, broker-dealers, investment advisers, accountants, public companies and other financial institutions—and the attorneys who advise these entities—operate. Thus, a comprehensive understanding of these changes will be vital to all participants in the U.S. financial system. This definitive publication provides immediate insight into the impact of the new law." -publisher's descriptoin

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This title provides in-depth information about credit reporting. Chapters cover topics such as restrictions on information, the duties of information providers, identity theft, and credit scoring.

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This e-book from the National Consumer Law Center covers the Fair Debt Collection Practices Act and explains what rights consumer have. It includes defenses, counterclaims, other remedies, and several appendices that include sample complaints, discovery, and trial documents.

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"This treatise covers federal and parallel state statutes that prohibit broad categories of merchant or creditor conduct and is an essential companion for any attorney handling deception or consumer credit cases." - publisher's description

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Originally published in 2007, the FTC Practice and Procedure Manual has been updated to reflect important developments at the agency in recent years. The FTC continues to be an active and influential authority in both competition and consumer protection matters, and an understanding of the agency is necessary for everyone who practices in those fields. The FTC Practice and Procedure Manual is intended to provide a "how-to" guide for lawyers and parties involved in both competition and consumer protection matters before the FTC. The manual's primary focus is on procedural matters rather than substantive antitrust or consumer protection law (subjects covered by other Section publications). It outlines the FTC's statutory authority, in particular Section 5 of the FTC Act, underlying the competition and consumer protection missions. It also describes in detail the FTC's organizational structure and rules, procedural issues relating to mergers, rules and procedures for investigations (incl…

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Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To help you understand the differences in each state' s laws, The Law of Class Action: Fifty-State Survey 2012-2013 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendation…

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To understand the differences in each state's laws, The Law of Class Action: Fifty-State Survey 2014-2015 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on remov…

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This 2015 supplement to The Law of Truth in Lending provides updated, comprehensive coverage of Truth in Lending (TIL) law through 2014. The authors are highly respected specialists in the field, and have integrated discussion of important changes in the law, with a focus on changes since 2006. The description of these changes, placed in the broader context of pre-existing law, provides a unique resource for any practitioner confronted with TIL issues or questions. The book advises practitioners on the scope and explains the issues when considering matters of Truth in Lending (TIL) compliance, disclosure, remediation, and enforcement.

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Mortgage Lending examines federal and state restrictions on the origination and terms of mortgage loans, and federal preemption of the state restrictions. It focuses on underwriting, appraisals, mortgage brokers, third-party fees, interest rates and other loan terms, reverse mortgages and other less common types of mortgages, and litigating mortgage lending claims.

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"This treatise covers the law and provides practical advice related to mortgage servicing and mortgage loss mitigation alternatives." - publisher's description

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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"This book provides a comprehensive introduction to Articles 1 and 2 of the Uniform Commercial Code (UCC). It provides a useful resource for students and practitioners dealing with sales or contract issues. Students of contracts or sales and any practitioner dealing with sales or contracts issues will profit from this book's use." - publisher's description

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"This book offers a comprehensive and accessible introduction to Article 9 of the Uniform Commercial Code. It covers secured transactions from A to Z with examples and answers that will enable students to test their knowledge and find the answers to the many conundrums in Article 9." - publisher's description

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This annual chapter from Recent Developments in Business and Corporate Litigation produced by the Business and Corporate Litigation Committee features the latest and most significant developments in class action jurisprudence in 2015, including highly anticipated decisions issued by the U.S. Supreme Court. The main sections of this chapter set forth the basic legal framework and concepts governing federal class actions in the United States and highlight key developments in class action law during 2015. It also addresses the basics of Canadian class action law and recent developments in Canadian and cross-border class actions. In the interests of efficiency, this work focuses on developments under Rule 23, which governs class actions in federal courts nationwide and is the model for most state class action law.

URL: http://lexisdl.com/library/txsll/title/3075658

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"This treatise deals with the seizure of personal property, including car repossessions, seizure of manufactured homes, repossession of rent-to-own appliances, and threats to seize household goods. The treatise covers seizures pursuant to loan, credit sale, and lease agreements, and pursuant to artisan and other statutory liens. The focus is on consumer law, including security interests in consumer goods, consumer leases, and liens on consumer property." - publisher's description

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"Expert authors present a primer on the law of sales and leases under Articles 2 and 2A of the UCC. This text also focuses on related subjects governed by Articles 5 and 7 of the UCC (letters of credit and documents of title). Introduces the formation of the contract and examines the statute of frauds, parol evidence, and modification. Covers terms of the contract, as well as performance; third-party title and rights; risk of loss; warranty obligations; repudiation, breach, and excuse; and remedies."—publisher's description

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This paperback reference summarizes domestic and international law of sales.

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"Hagedorn’s Secured Transactions in a Nutshell provides extensive coverage of the 1999 version of UCC Article 9, now enacted by all states. Coverage of the 1972 version of Article 9 and pre-code law is included to provide historical perspective. The text covers: The scope of Article 9; The security agreement and attachment of the security interest; Relationship of the debtor and secured party prior to default; Perfection of the security interest by filing and other means; Multistate choice of law and perfection issues; Priority of the secured party and others in and out of bankruptcy; Default and enforcement of the security interest." - publisher's description

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"Struggling with debt? Find solutions here. Get out of debt and rebuild your credit. With the step-by-step guidance in this book, you can regain financial freedom by: stopping debt collector harassment cold, negotiating your debt with creditors, reducing your student loan payments, creating a healthy financial plan, wiping the slate clean with bankruptcy. Take the first steps toward living debt-free!" - publisher's description

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This e-book from NCLC details the rights of student loan debtors. It goes over financial hardships and loan deferments, repayment plans, defaulting on a loan, loan discharges, fees, collection actions, and many other related topics.

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To understand the differences in each circuit's laws, 2018 Survey of Federal Class Action Law: A Circuit-by-Circuit Analysis contains an up-to-date analysis of class action law in each of the Federal Circuits. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in Federal Circuits with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of therespective Circuits and address changes in rules and statutes as well as significant case law.

URL: http://lexisdl.com/library/txsll/title/4305589

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To help understand the differences in each circuit's laws, Survey of Federal Class Action Law contains an up-to-date analysis of class action law in each Federal Circuit.

URL: http://lexisdl.com/library/txsll/title/5378657

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This guide for consumers provides practical and helpful advice for those dealing with debt collection, vehicle repossessions, foreclosure, collection lawsuits, and more. Available as an e-book online (no login and in NCLC database (requires login).

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The federal Home Affordable Modification Program, enacted in 2012, provides a set of rules that gives financial incentives to mortgage providers to modify the loans of eligible borrowers so that their monthly payments do not exceed 31% of their monthly income. It was designed to help homeowners under financial duress to stay in their homes. The program is complex and not always perfectly understood by mortgage providers. The Consumer Guide to Mortgage Modification provides homeowners with simple and complete reference when working with lenders under the program. Step by step, it explains what a homeowner needs to know and do to get a loan modification. Homeowners will learn the qualification rules, determine how much they can lower their payments, and assess if their lender is following the rules and using the program effectively. In addition, the book provides homeowners with questions to ask their lender, forms, grids, and worksheets. Knowledge is power and The Consumer Guide to…

URL: http://lexisdl.com/library/txsll/title/2404950

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The Law of Class Action: Fifty-State Survey 2021 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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The Law of Class Action: Fifty-State Survey is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

URL: http://lexisdl.com/library/txsll/title/4820378

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The Law of Class Action: Fifty-State Survey 2020 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

URL: http://lexisdl.com/library/txsll/title/5674225

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In today's eCommerce marketplace we can purchase goods and services from all over the world with just a few swipes on our smart phone or hand-held tablet. Online shopping is the new norm for Business-to-Consumer (B2C) transactions. But when problems arise (as they inevitably do) the next step is often unclear. It can be difficult, if not impossible, to tell the good merchants from the bad merchants, and the processes for resolving disputes are often confusing or hard to find. Customer service can feel like a runaround (e.g. long hold times, unfair refund policies) and formal redress mechanisms that work in the face-to-face world, like the courts, are generally impractical for online purchases — especially when purchases are low value and cross several legal jurisdictions. The New Handshake: Online Dispute Resolution and the Future of Consumer Protection focuses on resolving disputes arising from online transactions. This groundbreaking book proposes a design to provide fast and…

URL: http://lexisdl.com/library/txsll/title/3378835

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Truth in Lending provides detailed analysis of all aspects of the Truth in Lending Act, the Consumer Leasing Act, the Fair Credit Billing Act, the Home Ownership and Equity Protection Act (HOEPA), and the Credit CARD Act, including the major 2010 amendments.

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Part of the Deception and Warranties Library from the National Consumer Law Center, the eighth edition of this title provides a broad overview of unfair and deceptive acts and practices law. Specific chapters focus on scope, demonstrating a UDAP violation, credit and collections, motor vehicle sales, home related transactions, litigating a UDAP case, private remedies, and state agency enforcement.

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"This product provides a concise yet comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods. In addition, the text makes it possible for readers to see how the various articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, references to relevant authority, and intuitive system of cross-referencing all contribute to its ease of use. This eighth edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013." - publisher's description

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