Judge Denies Big Bank’s Motion to Dismiss Loan Modification Case
The U.S. District Court of Rhode Island denied a large U.S. Bank’s attempt to dismiss a case brought by a borrower for, among other things,... Read More
Litigation Developments
New Jersey Appellate Court Overturns Consumer Fraud Jury Verdict
A three-judge New Jersey state appellate panel reversed a trial court judgment in favor of two plaintiffs’ New Jersey Consumer Fraud Act (CFA) claim against... Read More
Federal Judge Rules Against CFPB in Suit Against Debt Collection Law Firm
The U.S. District Court for the Northern District of Ohio recently ruled against the CFPB in its lawsuit against a debt collection law firm for... Read More
5th Circuit: Misrepresentations Made to Bankruptcy Court Estop Plaintiffs from Claiming Stay Violation
The Fifth Circuit recently affirmed a district court opinion which held that plaintiffs were judicially estopped from claiming a bankruptcy stay violation because of misrepresentations... Read More
7th Circuit Applies Escobar Standards in Upholding Dismissal of FCA Case
The Seventh Circuit recently upheld a district court’s dismissal in a False Claims Act (FCA) case, finding that the relator failed to sufficiently plead the... Read More
8th Circuit Upholds Dismissal of Borrower’s Challenge to Foreclosure on Res Judicata Grounds
The Eighth Circuit recently affirmed a district court’s judgment in favor of a large national bank in a foreclosure matter that marked the third lawsuit... Read More
U.S. District Court Dismisses FDCPA Putative Class Action
The U.S. District Court for the District of New Jersey recently dismissed a putative class action against a debt collection company for failure to state... Read More
District Court for the District of Puerto Rico Upholds Constitutionality of Appointment Method of the Oversight Board Under PROMESA
The District Court for the District of Puerto Rico recently denied a hedge fund’s motion to dismiss a Puerto Rico Title III bankruptcy case. The... Read More
5th Circuit Holds Structure of FHFA is Unconstitutional
The Fifth Circuit recently held that the structure of the Federal Housing Finance Agency (FHFA) was unconstitutional. The court explained that the FHFA was insulated... Read More
Court Denies CFPB Motion to Challenge Servicer’s Confidentiality Designations
A federal magistrate judge in Florida recently denied the CFPB’s motion to make public certain business information about a large mortgage servicer that had been... Read More
10th Circuit Allows FCA Claim for Alleged “Lack of Medical Necessity”
On July 9, 2018, the Tenth Circuit revived a qui tam False Claims Act (FCA) case, finding that a physician’s judgments or representations about the... Read More
U.S. District Court Dismisses FCA Case Under Escobar’s Materiality Standard
On June 8, 2018, the U.S. District Court for the Eastern District of Virginia granted summary judgment for a defendant company in a False Claims... Read More
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