SCOTUS Limits Removal of Class Actions to Federal Court
In a 5-4 decision, the U.S. Supreme Court recently held that third-party counterclaim defendants may not remove class actions from state to federal court under... Read More
Litigation Developments
State Housing Finance Agencies Support HUD on DPA Changes
Housing finance agencies from seven states recently filed an amicus brief in support of HUD’s position against a Utah-based Indian tribe which offers downpayment assistance... Read More
CA Appellate Court Reverses Summary Judgment in Loan Modification Reinstatement Case
The Court of Appeal of the State of California for the First Appellate District held that a trial court erred in granting summary judgment in... Read More
9th Circuit Revives Suit Against Credit Bureau Reporting Loan with Defunct Servicer
A panel of the U.S. Court of Appeals for the Ninth Circuit recently reversed the district court’s grant of summary judgment for a credit reporting... Read More
CFPB Files Complaint Against Debt-Collection Law Firm for Alleged FDCPA and CFPA Violations
On May 17, 2019, the CFPB filed a complaint against a law firm for alleged violations of the Fair Debt Collection Practices Act (FDCPA) and... Read More
SCOTUS Extends FCA Statute of Limitations to 10 Years for Non-Intervened Cases
The U.S. Supreme Court has unanimously held that the False Claims Act’s (FCA) alternative 10-year statute of limitations period in 31 U.S.C. § 3731(b)(2) applies... Read More
On Remand from SCOTUS, 11th Circuit Still Says City Adequately Pled Proximate Cause Under Fair Housing Act
On May 3, 2019, the U.S. Court of Appeals for the Eleventh Circuit held that a city’s Fair Housing Act claims against two large national... Read More
9th Circuit Rules CFPB’s Structure is Constitutional
On May 6, 2019, the U.S. Court of Appeals for the 9th Circuit held that the CFPB’s single-director structure is constitutional, and affirmed the district... Read More
CFPB Settles with Student Loan Servicer for CFPA Violations
The CFPB recently entered into a Consent Order with a student loan servicing company for violations of the Consumer Financial Protection Act of 2010. The... Read More
Supreme Court Rules that Courts May Not Infer Consent to Class Arbitration from Agreement Silent on the Issue
On April 24, 2019, the Supreme Court held that an ambiguous arbitration agreement that is silent as to class arbitration cannot provide the required contractual... Read More
4th Circuit: TCPA Debt-Collection Exemption is Unconstitutional
On April 24, 2019, the U.S. Court of Appeals for the Fourth Circuit held that the debt-collection exemption to the Telephone Consumer Protection Act’s (TCPA)... Read More
9th Circuit Finds Trust’s Out-of-State Status Sufficient for Diversity Jurisdiction
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a district court’s exercise of diversity jurisdiction over an action stemming from the foreclosure... Read More
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