Litigation Developments

WBK Industry News - Litigation Developments

5th Circuit Rejects BCFP’s Bid to Enforce Civil Investigative Demand

19 Sep 2018

On September 6, 2018, the U.S. Court of Appeals for the Fifth Circuit refused to enforce the Bureau of Consumer Financial Protection’s civil investigative demand...

11th Circuit Held that HECM Statute Does Not Disallow Lender’s Contractual Right to Foreclose

19 Sep 2018

The Court of Appeals for the 11th Circuit affirmed the district court’s decision when it held that the HECM statute, 12 U.S.C. § 1715z-20, addressed...

Texas Bank Seeks Supreme Court Review of BCFP’s Constitutionality

19 Sep 2018

A Texas bank and two non-profit groups recently filed a petition for a writ of certiorari in the U.S. Supreme Court challenging the constitutionality of...

9th Circuit Confirms that Government and Relators Must Satisfy Escobar’s Two Conditions to Establish Implied False Certification Under the False Claims Act

06 Sep 2018

On August 24, 2018, a panel of judges for the Ninth Circuit confirmed its prior rulings in US ex rel. Kelly v. Serco, Inc. and...

11th Circuit Upholds Punitive Damages for Wrongful Foreclosure

06 Sep 2018

The Eleventh Circuit Court of Appeals recently affirmed a jury’s award of $3 million in punitive damages in a wrongful foreclosure action arising out of...

Texas Federal Court Refuses to Reconsider Denied Stay of Payday Rule Compliance Date, CFPB Hints at Further Rulemaking

06 Sep 2018

On August 7, 2018, a Texas federal court denied two payday lending trade groups’ motion for reconsideration of the court’s earlier order, which granted a...

Court Grants CFPB’s Request for Rule 54(b) Judgment

06 Sep 2018

On August 23, 2018, a federal judge granted the CFPB’s Request for Judgment so that the CFPB could appeal her June 21 ruling holding the...

NY Federal Judge Refuses to Reconsider Dismissal of Relator’s FCA Claims

30 Aug 2018

On August 15, 2018, a federal judge in the Southern District of New York denied a relator’s motion for reconsideration and permission to replead in...

California Supreme Court Holds Loans with Unconscionably High Interest Rates Can be Unlawful

30 Aug 2018

The California Supreme Court recently held that unconscionably high interest rates on consumer loans can be unlawful. The holding was issued in response to the...

Court Dismisses Challenge to HUD’s Implementation of Affirmatively Furthering Fair Housing Rule

30 Aug 2018

The D.C. federal district court recently dismissed for lack of standing a suit by three fair housing non-profit organizations that challenged HUD’s implementation of certain...

2nd Circuit: First-To-File Bar Cannot Be Avoided by Amending FCA Complaint

24 Aug 2018

The Second Circuit Court of Appeals recently held that a violation of the False Claims Act’s “first‐to‐file” bar—which prohibits the filing of a ʺrelated actionʺ...

3rd Circuit Rules that Forum Selection Clause Does Not Supersede FINRA Arbitration Obligation

24 Aug 2018

The Court of Appeals for the Third Circuit recently held that forum selection clauses that do not reference arbitration do not implicitly waive a party’s...

5th Circuit Rejects BCFP’s Bid to Enforce Civil Investigative Demand

11th Circuit Held that HECM Statute Does Not Disallow Lender’s Contractual Right to Foreclose

Texas Bank Seeks Supreme Court Review of BCFP’s Constitutionality

9th Circuit Confirms that Government and Relators Must Satisfy Escobar’s Two Conditions to Establish Implied False Certification Under the False Claims Act

11th Circuit Upholds Punitive Damages for Wrongful Foreclosure

Texas Federal Court Refuses to Reconsider Denied Stay of Payday Rule Compliance Date, CFPB Hints at Further Rulemaking

Court Grants CFPB’s Request for Rule 54(b) Judgment

NY Federal Judge Refuses to Reconsider Dismissal of Relator’s FCA Claims

California Supreme Court Holds Loans with Unconscionably High Interest Rates Can be Unlawful

Court Dismisses Challenge to HUD’s Implementation of Affirmatively Furthering Fair Housing Rule

2nd Circuit: First-To-File Bar Cannot Be Avoided by Amending FCA Complaint

3rd Circuit Rules that Forum Selection Clause Does Not Supersede FINRA Arbitration Obligation

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