Supreme Court: Non-Judicial Foreclosure Firms Not Debt Collectors for Most FDCPA Purposes
On March 20, 2019, the U.S. Supreme Court unanimously held that an entity that is in the business of conducting non-judicial foreclosures is not a... Read More
Litigation Developments
3rd Circuit Finds No Real Risk of Harm Means No Article III Standing in FACTA Suit
The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a putative class action under the Fair and Accurate Credit Transactions... Read More
8th Circuit Finds that Mortgage Loan Purchaser Complied with Repurchase Agreement Regarding Allegedly Defective Loans
The U.S. Court of Appeals for the Eighth Circuit recently ruled in favor of a purchaser and reseller of mortgage loans, which sued a mortgage... Read More
10th Circuit: Title Insurer Did Not Have Duty to Defend or Indemnify Claim for Fraudulent Conveyance of Deed
The U.S. Court of Appeals for the Tenth Circuit ruled in favor of a national title insurance company and found that the title insurer did... Read More
8th Circuit Finds Statute of Frauds No Bar to Breach of Contract Claim for Interest Rate Reduction
The U.S. Court of Appeals for the Eighth Circuit recently held that the statute of frauds did not bar a mortgage loan borrower’s breach of... Read More
Supreme Court Holds Interlocutory Appeal Deadline Cannot Be Equitably Tolled
On February 26, 2019, the U.S. Supreme Court ruled that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for petitioning a court of appeals to... Read More
1st Circuit Holds Divorce Decree did not Extinguish Spousal Homestead Right
On February 19, 2019, the U.S. Court of Appeals for the First Circuit held that a spouse retained her homestead right under the plain language... Read More
2nd Circuit Revives New York Lawsuit Transferred from Indiana to Reconsider Dismissal Under Indiana Choice of Law Rules
The U.S. Court of Appeals for the Second Circuit recently reversed a New York district court judgment dismissing breach of contract claims brought by the... Read More
3rd Circuit Rules on Definition of Debt Collector
Recently, the U.S. Court of Appeals for the Third Circuit held that an entity whose primary purpose is the collection of debts, even if it... Read More
5th Circuit Holds Notice of Collective Action to Employees with Arbitration Agreements Was Improper, but Denies Mandamus
The Fifth Circuit Court of Appeals recently held that a district court erred when it approved sending notice of an FLSA collective action to employees... Read More
PA District Court Rejects Student Loan Servicer’s Partial Summary Judgment Motion in CFPB Case
The U.S. District Court for the Middle District of Pennsylvania recently rejected a student loan servicer’s attempt to narrow claims from a CFPB lawsuit regarding... Read More
7th Circuit Holds Algorithmic Estimates Constitute Non-actionable Opinions
The Seventh Circuit Court of Appeals recently upheld the dismissal of a putative class action against an on-line real estate marketplace, finding that the plaintiffs... Read More
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