2nd Circuit Vacates Dismissal of RMBS Suit and Remands for Demand Futility Analysis
A three-judge panel for the U.S. Court of Appeals for the Second Circuit recently vacated a district court’s dismissal of an investor’s suit against the... Read More
Litigation Developments
Last Remaining Defendant in NAR Commission Lawsuit Settles
A large real estate brokerage, which was the final remaining defendant in the National Association of Realtors (NAR) broker commission antitrust lawsuit, settled with the... Read More
Judge Preliminarily Approves the $418 Million NAR Settlement
A judge has preliminarily approved the class action settlement. If finalized, NAR would pay approximately $418 million in exchange for a release of claims against... Read More
CFPB Seeks Reconsideration of Order Vacating Transfer of Credit Card Fee Case
In a lawsuit challenging the CFPB’s new rule decreasing the presumptively reasonable and proportional “safe harbor” amount for credit card late fees under the CARD... Read More
Federal Court Allows Bank’s Case Against Ginnie Mae to Move Forward
The U.S. District Court for the Northern District of Texas recently denied in part Ginnie Mae’s motion to dismiss a bank’s claims stemming from Ginnie... Read More
Bank to Face Bias Claims based on Ceremonial Use of Controlled Substance
A judge in the Western District of Wisconsin recently held that a Native American organization can prosecute its discrimination claims under state and federal laws... Read More
D.C. Circuit Allows DOJ to Reopen NAR Investigation
The U.S. Court of Appeals for the D.C. Circuit recently held that the DOJ could reopen its investigation into NAR months after the parties had... Read More
5th Circuit Reverses District Court Transfer of CFPB Credit Card Suit
Earlier this month, the U.S. Court of Appeals for the Fifth Circuit issued an Order, which vacated an order by the U.S. District Court for... Read More
CFPB and FTC File Amicus Brief Regarding FCRA’s Reinvestigation Requirement for Credit Reporting Agencies
Recently, the CFPB and FTC filed a joint amicus brief in a case alleging that a credit reporting agency (CRA) violated FCRA’s reinvestigation requirement by... Read More
Federal Judge Holds that the Corporate Transparency Act Is Unconstitutional
A federal judge in the Northern District of Alabama recently held that the Corporate Transparency Act was unconstitutional because it exceeded Congress’s authority under the... Read More
Federal Court Dismisses RESPA QWR Putative Class Action for Lack of Standing
The U.S. District Court for the District of Massachusetts recently dismissed a putative class action against two mortgage loan servicers in which the plaintiffs alleged... Read More
NAR Issues Fact Sheet for Proposed Class Action Settlement to Resolve Broker Commission Claims
In the wake of filing a notice of pending settlement of a class action lawsuit that alleged collusion to inflate broker commission rates in violation... Read More
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