DC Circuit Court of Appeals to Rehear Two Panel Decisions En Banc
On February 16, 2017, the U.S. Court of Appeals for the D.C. Circuit vacated two panel decisions to rehear them en banc. The first panel,... Read More
Litigation Developments
Seventh Circuit Court of Appeals Finds Servicer Did Not Violate RESPA
The U.S. Court of Appeals for the Seventh Circuit Court recently affirmed a lower court summary judgment ruling in favor of a mortgage servicer that... Read More
First Circuit Court of Appeals Affirms Dismissal of False Claims Act Case Against Pharmaceutical Company For Alleged Promotion of Off-Label Drug Use
The First Circuit Court of Appeals recently affirmed the dismissal of a False Claims Act (“FCA”) case against a pharmaceutical company, because the Relators improperly... Read More
Ninth Circuit Reinstates Lawsuit Against Employer for FCRA Violations
The Ninth Circuit Court of Appeals recently reversed a lower court’s dismissal of an employee’s lawsuit against an employer for violations of the Fair Credit... Read More
Judge Rules No Insurance Coverage for $24.5 Million Class Action Overdraft Fees Settlement
A U.S. District Court Judge for the Southern District of Indiana recently found that an insurer was not required to cover a bank’s $24.5 million settlement... Read More
Ninth Circuit Holds Tribal Lending Entities Must Comply With CFPB Investigations
The United States Court of Appeals for the Ninth Circuit recently upheld a district court ruling that three lending institutions located on Native American reservations... Read More
Third Circuit Relaxes Standing Requirement in Data Breach Class Action
The Third Circuit recently held that a consumer whose private information was stolen—but not fraudulently used—can bring a claim for damages under the Fair Credit... Read More
Certiorari Granted in “Debt Collector” Case
On January 13, 2017, the United States Supreme Court agreed to resolve a circuit split and decide whether a company that regularly attempts to collect... Read More
Eighth Circuit Upholds Dismissal of TILA Claim against National Lender
On January 4, 2017, the United States Court of Appeals for the Eighth Circuit affirmed a lower court opinion dismissing rescission and damages claims under... Read More
Ninth Circuit Strictly Adheres to Escobar, Rejects False Claims Allegations for Failure to Identify Specific Representations on Claim Form that Were False
On January 12, 2017, the Ninth Circuit Court of Appeals affirmed summary judgment in favor of a government contractor defendant in a False Claims Act... Read More
Certiorari Granted in Class Action Waiver Case
On January 13, 2017, the United States Supreme Court agreed to resolve a circuit split and decide whether an employee arbitration agreement barring class action... Read More
Federal Judge in Pennsylvania Extends RESPA Statute of Limitations
On January 10, 2017, a Pennsylvania federal judge ruled in White v. PNC Group, et al., that the one-year statute of limitations to the Real... Read More
Industry News, including Federal Regulatory Developments, State Regulatory Developments and Litigation Developments, is for general information purposes only and is not in any way intended, nor shall it be construed, as legal advice, legal opinion or any other advice on any specific facts or circumstances. No person or entity (“Person”) should act or refrain from acting upon this information without seeking professional advice. No Person may rely on this information or its applicability to any specific circumstances. The information in Industry News, including Federal Regulatory Developments, State Regulatory Developments and Litigation Developments, is in no instance to be taken as an indication of completeness, applicability to a particular situation, or an indication of future developments or results.