Litigation Developments

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...

Wells Fargo Reaches $1.2 Billion Settlement to Resolve Claims Arising from FHA Mortgage Origination and Underwriting Practices

14 Apr 2016

On April 8, 2016, Wells Fargo Bank, N.A., reached agreement with the U.S. Department of Justice (DOJ), acting on behalf of the U.S. Department of...

District Court’s Certification of Plaintiff Class Vacated Because of Improper “Predominance” Determination

06 Apr 2016

In Brown v. Electrolux Home Products, Inc., plaintiffs alleged Electrolux sold front-loading washing machines with defective rubber seals. The rubber seals supposedly caused mildew. The...

A Company That Purchases Debt in Default and Then Collects That Debt Is Not Necessarily a Debt Collector Under The FDCPA

30 Mar 2016

The U.S. Court of Appeals for the Fourth Circuit recently held that a company which attempts to collect defaulted debt that it buys, i.e. for...

Divided Supreme Court Affirms Dismissal of ECOA Claims Based on Spousal Guarantors

23 Mar 2016

The U.S. Supreme Court yesterday issued its decision in Hawkins v. Community Bank of Raymore, in which the court was deadlocked at a 4-4 decision...

Government’s “Fairyland” Damages Theory Rejected Under the False Claims Act

16 Mar 2016

The United States Court of Appeals for the Sixth Circuit recently overturned an unreasonably high damages award under the False Claims Act (“FCA”), rejecting the...

Eleventh Circuit Dismisses Suit Against Fannie Mae Asserting TILA Violations for Servicer’s Alleged Inaction

16 Mar 2016

On March 1, 2016, the U.S. Court of Appeals for the Eleventh Circuit held that a borrower does not have a claim against a creditor’s...

Ninth Circuit Rejects Class-Certification in Suit Against Citigroup

09 Mar 2016

On March 2, 2016, the U.S. Court of Appeals for the Ninth Circuit approved a lower court decision declining to certify a class against Citigroup...

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

Wells Fargo Reaches $1.2 Billion Settlement to Resolve Claims Arising from FHA Mortgage Origination and Underwriting Practices

District Court’s Certification of Plaintiff Class Vacated Because of Improper “Predominance” Determination

A Company That Purchases Debt in Default and Then Collects That Debt Is Not Necessarily a Debt Collector Under The FDCPA

Divided Supreme Court Affirms Dismissal of ECOA Claims Based on Spousal Guarantors

Government’s “Fairyland” Damages Theory Rejected Under the False Claims Act

Eleventh Circuit Dismisses Suit Against Fannie Mae Asserting TILA Violations for Servicer’s Alleged Inaction

Ninth Circuit Rejects Class-Certification in Suit Against Citigroup

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