11th Circuit Finds Battle of Experts Insufficient for Falsity on FCA Claims
The Eleventh Circuit Court of Appeals recently ruled that falsity under the False Claims Act (FCA) cannot be demonstrated merely by the difference in opinions... Read More
Litigation Developments
Illinois Court Holds GSEs Are Not Governmental Bodies for Tax Purposes
An Illinois intermediate appellate court ruled that GSEs Fannie Mae and Freddie Mac are not governmental bodies for purposes of an exemption to a City... Read More
Real Estate Investor Pleads Guilty to Making False Statements Causing Financial Losses in Connection with Mortgage Loans
Recently, a real estate investor charged with bank fraud and making a false statement to a financial institution pled guilty to the latter charge in... Read More
CFPB Files Complaint Against Company for Alleged Misrepresentations to Consumers in Violation of Regulation O and CFPA
The CFPB recently filed a Complaint against a company, its president and CEO, and an auditor, for alleged violations of Regulation O and the Consumer... Read More
CA Federal Judge Enters $267 Million Judgment Against Debt Collector for Robocalls
Recently, a California Federal District Court approved a $267 million jury award in a class action against a large U.S. debt collector for hundreds of... Read More
CFPB Officially Arguing For-Cause Removal is Unconstitutional
On September 17, 2019, the Solicitor General, acting on behalf of the CFPB, filed the CFPB’s response brief in a case seeking certiorari before the... Read More
3rd Circuit: Rideshare Drivers May Not Have to Arbitrate
The U.S. Court of Appeals for the 3rd Circuit recently vacated a district court’s order compelling arbitration in a putative class action brought by a... Read More
Court Dismisses Suit Against OCC Fintech Charter Again
On September 3, 2019, the U.S. District Court for the District of Columbia granted the OCC’s motion to dismiss a lawsuit seeking to block the... Read More
En Banc 5th Circuit Declares FHFA Structure Unconstitutional
The U.S. Court of Appeals for the Fifth Circuit recently affirmed, in an en banc rehearing, that the Federal Housing Finance Agency (FHFA) structure violates... Read More
9th Circuit Reinstates FCA Lawsuit Involving Medicare Claims
The Ninth Circuit Court of Appeals recently ruled that a former employee of a medical device company who filed a qui tam case in 2008... Read More
CFPB Suit Against Mortgage Servicer Dismissed in part as Shotgun Pleading
On September 5, 2019, the U.S. District Court for the Southern District of Florida granted in part and denied in part a mortgage servicer’s motion... Read More
11th Circuit Finds Bank’s Disclosure of Calculation of Overdraft Fees Ambiguous
The Eleventh Circuit concluded that a bank’s contract agreements were ambiguous in communicating which method the bank would use to calculate a customer’s available balance... Read More
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