Litigation Developments

WBK Industry News - Litigation Developments

10th Circuit Allows FCA Claim for Alleged “Lack of Medical Necessity”

25 Jul 2018

On July 9, 2018, the Tenth Circuit revived a qui tam False Claims Act (FCA) case, finding that a physician’s judgments or representations about the...

U.S. District Court Dismisses FCA Case Under Escobar’s Materiality Standard

20 Jul 2018

On June 8, 2018, the U.S. District Court for the Eastern District of Virginia granted summary judgment for a defendant company in a False Claims...

6th Circuit Affirms Rejection of Bank’s Insurance Claim as Untimely

20 Jul 2018

The Sixth Circuit Court of Appeals recently held that a bank was not entitled to insurance coverage for its mortgage settlement with the government because...

Two Appellate Courts Limit the Definition of an Automatic Telephone Dialing System Under the TCPA

13 Jul 2018

On June 26, 2018 and June 29, 2018, the U.S. Court of Appeals for the Third Circuit and the U.S. Court of Appeals for the...

11th Circuit Dismisses FCRA Claims Based on Reporting a Loan in Forbearance Program as Delinquent

13 Jul 2018

The U.S. Court of Appeals for the Eleventh Circuit recently dismissed claims for Fair Credit Reporting Act violations against a large national bank. The bank...

11th Circuit Enforces Individualized Arbitration in Employment Agreements

06 Jul 2018

The U.S. Circuit Court of Appeals for the Eleventh Circuit recently applied the Supreme Court’s decision in Epic Systems v. Lewis – in which the...

Southern District of New York Rules CFPB Structure Unconstitutional

06 Jul 2018

The U.S. District Court for the Southern District of New York recently ruled that the CFPB’s structure is unconstitutional. The decision runs contrary to a...

1st Circuit Refuses to Enforce Arbitration Clause

06 Jul 2018

The U.S. Court of Appeals for the First Circuit has reversed a district court’s grant of a motion to compel arbitration on the part of...

7th Circuit Finds Employee Arbitration Agreement Unenforceable

06 Jul 2018

The Seventh Circuit recently held that an arbitration provision could not be enforced by an employer against an employee because the employee’s employment agreement used...

Complaint Against Law Firm for Initiating Foreclosure Proceedings Dismissed by Federal Court

06 Jul 2018

Recently, a federal court dismissed a case against a law firm that initiated foreclosure proceedings on the plaintiff’s property, applying Florida’s litigation privilege and because...

U.S. Supreme Court Finds SEC ALJ’s Subject to Appointments Clause

28 Jun 2018

The U.S. Supreme Court ruled that under the U.S. Constitution, administrative law judges (ALJs) of the Securities and Exchange Commission (SEC) must be appointed by...

6th Circuit Rules on Materiality in False Claims Act Case

28 Jun 2018

The Sixth Circuit recently overturned a district court’s dismissal with prejudice of a False Claims Act (FCA) case against the owner of a national senior...

10th Circuit Allows FCA Claim for Alleged “Lack of Medical Necessity”

U.S. District Court Dismisses FCA Case Under Escobar’s Materiality Standard

6th Circuit Affirms Rejection of Bank’s Insurance Claim as Untimely

Two Appellate Courts Limit the Definition of an Automatic Telephone Dialing System Under the TCPA

11th Circuit Dismisses FCRA Claims Based on Reporting a Loan in Forbearance Program as Delinquent

11th Circuit Enforces Individualized Arbitration in Employment Agreements

Southern District of New York Rules CFPB Structure Unconstitutional

1st Circuit Refuses to Enforce Arbitration Clause

7th Circuit Finds Employee Arbitration Agreement Unenforceable

Complaint Against Law Firm for Initiating Foreclosure Proceedings Dismissed by Federal Court

U.S. Supreme Court Finds SEC ALJ’s Subject to Appointments Clause

6th Circuit Rules on Materiality in False Claims Act Case

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