Litigation Developments

WBK Industry News - Litigation Developments

9th Circuit Applies 6-year Statute of Limitations to TILA Rescission Claims

10 Jan 2019

On December 6, the U.S. Court of Appeals for the Ninth Circuit reversed the lower court’s dismissal of TILA allegations brought against a bank, finding...

9th Circuit Upholds Record $1.27 Billion Judgement Against Payday Lender

04 Jan 2019

The Ninth Circuit recently upheld a $1.27 billion award against a former professional racecar driver’s loan companies, finding that the companies had violated Section 5...

District Court Allows California Mortgage Escrow Suit to Proceed Despite Federal Thrift Preemption

20 Dec 2018

The U.S. District Court for the Northern District of California recently ruled that a national bank must face a proposed putative class action by California...

Illinois Appellate Court finds Spouse of a Borrower is not a Borrower in Reverse Mortgage Case

20 Dec 2018

On December 10, 2018, the Second District of the Appellate Court of Illinois upheld a trial court’s decision finding that the non-borrowing spouse of a...

7th Circuit Decides RESPA Case in Favor of Large Servicer

20 Dec 2018

The U.S. Court of Appeals for the Seventh Circuit determined that a borrower may not recover damages from a servicer when the only harm alleged...

Supreme Court Declines to Review 9th Circuit Ruling that the National Bank Act does not Preempt California’s Escrow Interest Law

14 Dec 2018

On November 19, 2018, the U.S. Supreme Court denied a national bank’s petition for certiorari to review a decision by the Ninth Circuit, which held...

5th Circuit Affirms Denial of “Outrageous” Request for $130,000 in Attorney’s Fees Under FDCPA

14 Dec 2018

In a case involving $1,000 in statutory damages, the Fifth Circuit ruled that it was proper to deny all attorney’s fees, where the plaintiff and...

4th Circuit Clarifies Federal Jurisdiction Over Motion to Vacate or Modify Arbitration Award Under Federal Arbitration Act

14 Dec 2018

The U.S. Court of Appeals for the Fourth Circuit recently held that federal subject-matter jurisdiction over a motion to vacate or modify an arbitration award...

9th Circuit Applies 6-year Statute of Limitations to TILA Rescission Claims

9th Circuit Upholds Record $1.27 Billion Judgement Against Payday Lender

District Court Allows California Mortgage Escrow Suit to Proceed Despite Federal Thrift Preemption

Illinois Appellate Court finds Spouse of a Borrower is not a Borrower in Reverse Mortgage Case

7th Circuit Decides RESPA Case in Favor of Large Servicer

Supreme Court Declines to Review 9th Circuit Ruling that the National Bank Act does not Preempt California’s Escrow Interest Law

5th Circuit Affirms Denial of “Outrageous” Request for $130,000 in Attorney’s Fees Under FDCPA

4th Circuit Clarifies Federal Jurisdiction Over Motion to Vacate or Modify Arbitration Award Under Federal Arbitration Act

4th Circuit Rejects Suit by Homebuilder Challenging County’s Targeted Land Use and Zoning Restrictions

7th Circuit: Courts Decide Threshold Question Whether Class Arbitration is Available

3rd Circuit Upholds FHFA Agreement Which Gives Government All Profits from Fannie Mae and Freddie Mac

6th Circuit Sends Case Back to State Court After Finding No Subject Matter Jurisdiction Under Garn-St. Germain Act

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