Litigation Developments

WBK Industry News - Litigation Developments

8th Circuit Upholds FDIC’s Broad Discretionary Powers to Dispose of Failed Bank’s Assets and Defendant’s Guaranty to Pay Debts of Company

25 Apr 2019

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a district court’s determination that the FDIC acted within its authority when it sold...

9th Circuit Holds Nevada HOA Super Lien Statute is Constitutional and Not Preempted by FHA Mortgage Insurance Program

25 Apr 2019

The U.S. Court of Appeals for the Ninth Circuit recently held that Nevada’s homeowner’s association (HOA) super lien statute is constitutional, overruling its previous decision...

PA Federal Court Dismisses FCA Qui Tam on Government’s Motion

25 Apr 2019

On April 3, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted the government’s motion to dismiss a qui tam action brought...

5th Circuit Affirms District Court’s Dismissal of Alleged Servicing Violations Under RESPA

18 Apr 2019

The U.S. Court of Appeals for the Fifth Circuit recently affirmed the district court’s order granting summary judgment for a loan servicer and creditor, the...

11th Circuit: Letter Offering to “Resolve” Time-Barred Debt Violates FDCPA

18 Apr 2019

The U.S. Court of Appeals for the Eleventh Circuit ruled that a collection letter seeking payment on a time-barred debt does not require an express...

Illinois District Court Orders New Trial Based on Erroneous Jury Instructions and Reduces FDIC’s Damages Award Against Title Insurance Company

18 Apr 2019

After a series of post-trial motions, the U.S. District Court for the Northern District of Illinois granted defendant-title insurance company’s motion for a new trial...

5th Circuit Affirms District Court’s Dismissal of Bank’s Constitutional Claims Against FDIC for Lack of Subject Matter Jurisdiction

11 Apr 2019

The U.S. Court of Appeals for the Fifth Circuit recently affirmed the district court’s judgment dismissing a Louisiana bank’s lawsuit alleging constitutional violations during administrative...

8th Circuit Upholds FDIC’s Broad Discretionary Powers to Dispose of Failed Bank’s Assets and Defendant’s Guaranty to Pay Debts of Company

9th Circuit Holds Nevada HOA Super Lien Statute is Constitutional and Not Preempted by FHA Mortgage Insurance Program

PA Federal Court Dismisses FCA Qui Tam on Government’s Motion

5th Circuit Affirms District Court’s Dismissal of Alleged Servicing Violations Under RESPA

11th Circuit: Letter Offering to “Resolve” Time-Barred Debt Violates FDCPA

Illinois District Court Orders New Trial Based on Erroneous Jury Instructions and Reduces FDIC’s Damages Award Against Title Insurance Company

5th Circuit Affirms District Court’s Dismissal of Bank’s Constitutional Claims Against FDIC for Lack of Subject Matter Jurisdiction

CFPB Settles with Law Firms over Debt Relief Fee Allegations

1st Circuit: Bank’s Claim Under Maine’s Unfair Claims Settlement Practices Act Not Time-Barred

9th Circuit Holds Creditor May be Vicariously Liable for Debt Collectors’ Alleged TCPA Violations

11th Circuit Permits Borrowers to Seek Emotional Distress and Punitive Damages for Mortgage Servicer’s FCRA Violations

Northern District of Illinois Dismisses FCA Case for Failure to Meet Heightened Requirements for Pleading Fraud

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