Two Types of Dispositive Motions

Jeffrey Douglas Kaliel is an experienced class action attorney who graduated from Yale Law School. A partner at Kaliel PLLC, Attorney Jeffrey Douglas Kaliel has won contested class certification motions, engaged in data-intensive discovery, and defended dispositive motions among other complex legal projects throughout his career.

Dispositive motions refer to a motion in a legal case that asks a court to dispose of a case in two ways. Either by making a summary judgment, which is entered by a court without a full trial, or by dismissing the case outright.

In many cases, dispositive motions are filed after the discovery process when one side thinks they have enough evidence and facts on their side to win the case outright without going through a full trial. In this case, the dispositive motion is referred to as a summary judgment motion. It should be noted that any issues of credibility cannot be decided by a judge and still require a jury trial.

The second type of dispositive motions, a motion to dismiss, is not meant to analyze the facts of the case. Rather, this type of motion is filed early in a case and questions the allegations themselves. Judges can either deny the motion and allow the case to proceed or agree that the allegation does not constitute a valid claim under the law and dismiss the case outright. 

Published: Common Types of Class Action Lawsuits

I published “Common Types of Class Action Lawsuits” on @Medium https://ift.tt/34LvDpA

How to Join a Class Action Lawsuit

A partner at Kaliel PLLC, in Washington, DC, Jeffrey Douglas Kaliel works as a class action litigator. Largely handling cases involving the financial services sector, he has been lead class counsel on several state-specific and nationwide class actions. Jeffrey Douglas Kaliel also serves as lead counsel for several putative class action lawsuits.

Class action lawsuits are those in which a large group of people seek damages for shared or similar injuries that resulted from a service, action, or product of a company. Once a class action lawsuit is filed, people who are eligible to join the action are often automatically included in the suit. These class members have their legal interests represented by the suit and do not have to do anything extra to join the action. At most, they must submit a claim by mail or online to get their portion of the judgment or settlement. Instructions on how to do this are included in the notice class members receive if they are included in a class action.

Certain class actions, like those that deal with hour and wage violations, often require eligible members to opt in. In doing so, an individual affirmatively chooses to participate in the lawsuit. Information about doing so is also found in the class notice that eligible members receive in the mail.

Further, while class action members are typically included automatically, they do have the option of opting out of a lawsuit. This means that the individual declines to participate in the suit and will not receive any portion of the settlement or judgment. 

Earnin Agrees to Settlement Proposal

Jeffrey Douglas Kaliel, a Washington, D.C. resident and attorney, has extensive experience in civil litigation, specifically in helping consumers recover damages from financial institutions as a result of unfair business practices. Recently, Jeffrey Douglas Kaliel represented clients in the Earnin class action lawsuit.

In August 2020, the payday advance company agreed to pay $12.5 million to consumers who were charged bank fees while using the service. The lawsuit was filed last year after Earnin customers argued that the service failed to explain they could get charged with overdraft and NSF fees. They believe the company misled (or deceived) them into signing up through omissions and misrepresentation in marketing materials.

The service allows consumers to draw on their paychecks before the scheduled payday, and the company then takes the money out of the account when the person is paid. The venture makes money off what it calls “tips.” The funds withdrawn by Earnin plus the tips can cause more money to be withdrawn than is available, resulting in additional bank fees.

This led to a lawsuit being filed in September 2019 by Mary Perks and Stanley Alexander. In November, Jared Stark filed a separate suit stating that the company tried to avoid state and federal lending laws by framing fees and interest as tips.

 

Published: Recent Class Action Settlement in Farrell v. Bank of America

I published “Recent Class Action Settlement in Farrell v. Bank of America” on @Medium https://ift.tt/32VVp9P

SuperLawyer Rising Stars Demonstrate Early Success

A graduate of Yale Law School, Jeffrey Douglas Kaliel holds a summa cum laude bachelor of science in political science from Amherst College. In recognition of his success as a class action litigator with Kaliel PLLC, Jeffrey Douglas Kaliel was named a Washington D.C. SuperLawyers Rising Star in 2015.

The Super Lawyer rating system recognizes outstanding attorneys across more than 70 practice fields. To create its lists, Super Lawyers utilizes peer recommendations and considers professional achievements to select lawyers who have performed at an outstanding level. The Rising Star award specifically honors professionals whose legal accomplishments are notable given their age. Winners must be under age 40 or have been in practice for less than 10 years. While up to 5 percent of a state’s lawyers meet criteria for Super Lawyer status, less than 2.5 percent are honored as Rising Stars.

The Super Lawyers Rising Stars list not only recognizes accomplishments in the legal field, but also acknowledges potential that will continue to be realized throughout the lawyer’s career. For more information about selection criteria, visit www.superlawyers.com. 

Protecting Citizens against Financial Crimes

A graduate of Yale Law School, Jeffrey Douglas Kaliel is a partner at Kaliel, PLLC, in Washington, DC. Jeffrey Douglas Kaliel focuses on the banking sector and has won complex class action lawsuits that earned him national recognition.

Financial crimes have impacted the American economy significantly. In 2010, the proceeds of criminal activities generated in the United States were about 2 percent of the nation’s economy. This figure is significant, given the size of the US economy.

Financial crimes include activities aimed at obtaining wealth illegally, through deceit, or by aiding in the protection of such unlawful wealth. These activities include fraud, electronic crime, money laundering, terrorist financing, bribery, and corruption.

To protect citizens against financial crimes, the US government monitors financial transactions. Through any of its agencies, the government can make arrests and carry out investigations on suspicious or reported transactions. Tracking financial transactions has enabled the government to significantly reduce financial crimes against United States citizens.