Litigation Developments

Supreme Court Rules Jurisdictional Determinations Are Immediately Reviewable Final Agency Action

08 Jun 2016

In a decision issued on May 31, the Supreme Court ruled that jurisdictional determinations (JD) issued by the Army Corps of Engineers are considered final...

7th Circuit Holds Borrower Lacks Standing to Claim Violations of Pooling and Servicing Agreement

08 Jun 2016

In a decision issued on March 22nd, the Seventh Circuit held that borrowers lack the necessary standing required to challenge alleged violations of pooling and...

Supreme Court Rules That Debt Collector’s Authorized Use of the State Letterhead Does Not Violate the Fair Debt Collection Practices Act

01 Jun 2016

In Sheriff v. Gillie, 194 L.Ed.2d 625 (U.S. 2016), the Supreme Court has ruled that a debt collector’s use of a State Attorney General’s letterhead,...

11th Circuit Enforces New RESPA Request for Information and Notice of Error Provisions

01 Jun 2016

In a decision published on May 12, the Eleventh Circuit held that servicers must provide a “comprehensive, supported explanation of their findings” in response to...

Second Circuit Reverses $1.2 Billion Countrywide FIRREA Penalties Because Intentional Breach of Contract Alone Is Not Wire Fraud/Mail Fraud

25 May 2016

The Second Circuit on Monday reversed $1.2 billion in civil penalties that had been imposed on Countrywide and Bank of America under the Financial Institutions...

Supreme Court Clarifies Concrete Injury Requirement for Plaintiffs Bringing Statutory Claims

20 May 2016

In the long-awaited Spokeo decision on Monday, the Supreme Court held that a plaintiff need not suffer a “tangible” injury to have standing to bring...

Ninth Circuit Rejects Challenge to CFPB Enforcement Authority

20 May 2016

A panel of the Ninth Circuit recently rejected a challenge to the CFPB’s enforcement authority that was based on the improper recess-appointment of Richard Cordray...

First Circuit Upholds HUD’s Final Order Finding Condominium Association’s “No Pet” Rule Violated the Fair Housing Act

12 May 2016

The First Circuit recently held that an “emotional support dog” staying with a man in a condominium unit was a reasonable accommodation under the Fair...

TILA Does Not Apply to Transfers of Texas Tax Liens

05 May 2016

The Fifth Circuit Court of Appeals recently determined that transfers of Texas real property tax liens were not consumer credit transactions within the meaning of...

DC District Court Denies CFPB Enforcement of CID For Lack of Authority

27 Apr 2016

The United States District Court for the District of Columbia recently rejected an attempt by the Consumer Financial Protection Bureau (CFPB) to enforce a civil...

Rooker-Feldman Doctrine Does Not Bar Federal Court Jurisdiction Where Independent Fair Debt Collection Practices Act Violations Alleged

27 Apr 2016

In a recent Eighth Circuit Court of Appeals case, a defendant-debt collection attorney raised the Rooker-Feldman doctrine as a bar to plaintiff’s Fair Debt Collection...

Court, Not Arbitrator, Decides Whether Class-Wide Arbitration Is Authorized

20 Apr 2016

In Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., the Supreme Court held that class-wide arbitration cannot be compelled “unless there is a contractual basis for concluding...

Supreme Court Rules Jurisdictional Determinations Are Immediately Reviewable Final Agency Action

7th Circuit Holds Borrower Lacks Standing to Claim Violations of Pooling and Servicing Agreement

Supreme Court Rules That Debt Collector’s Authorized Use of the State Letterhead Does Not Violate the Fair Debt Collection Practices Act

11th Circuit Enforces New RESPA Request for Information and Notice of Error Provisions

Second Circuit Reverses $1.2 Billion Countrywide FIRREA Penalties Because Intentional Breach of Contract Alone Is Not Wire Fraud/Mail Fraud

Supreme Court Clarifies Concrete Injury Requirement for Plaintiffs Bringing Statutory Claims

Ninth Circuit Rejects Challenge to CFPB Enforcement Authority

First Circuit Upholds HUD’s Final Order Finding Condominium Association’s “No Pet” Rule Violated the Fair Housing Act

TILA Does Not Apply to Transfers of Texas Tax Liens

DC District Court Denies CFPB Enforcement of CID For Lack of Authority

Rooker-Feldman Doctrine Does Not Bar Federal Court Jurisdiction Where Independent Fair Debt Collection Practices Act Violations Alleged

Court, Not Arbitrator, Decides Whether Class-Wide Arbitration Is Authorized

Practice Areas

Attorneys

HUD Halts Enforcement of 2016 HUD Equal Access Rule

CFPB Rescinds Earned Wage Product Advisory Opinion

CA DFPI Announces Consent Order with San Francisco Credit Union Following Cybersecurity Incident

Borrowers Seek Rehearing Before 4th Circuit over Class Decertification for Appraisal Independence Claims

President Trump Nominates Jonathan McKernan as CFPB Director