Litigation Developments

WBK Industry News - Litigation Developments

Sixth Circuit Rejects TILA Rescission Claim Based on Alleged Failure to Give Notice of Assignment

10 Aug 2016

The Sixth Circuit recently rejected borrowers’ foreclosure challenge premised on the lender’s alleged failure to give notice of assignment of the deed of trust from...

Fourth Circuit Holds that Creditors Violate Maryland Closed End Credit Provisions By Pyramiding Late Fees

03 Aug 2016

On July 8, 2016, the Fourth Circuit decided, in Williams v. Lendmark Fin. Servs., No. 15-1976, 2016 U.S. App. LEXIS 12597 (4th Cir. July 8,...

Second Circuit Rules That Judges Can Decertify a Class After Jury Verdict

03 Aug 2016

A three-judge appellate panel recently upheld the Southern District of New York’s order that granted the defendants’ post-verdict motion to decertify a class, and affirmed...

Eighth Circuit Rules that Federal Tax Lien Takes Priority Over Earlier Recorded Deed of Trust Due to “Significant Gap” in Recording of Refinance Loan

27 Jul 2016

The United States Court of Appeals for the Eighth Circuit recently addressed the priority of a federal tax lien over several competing interests in a...

DC District Court Rejects Constitutional Challenge Based on Cordray’s Appointment

20 Jul 2016

On July 12, the U.S. District Court for the District of Columbia issued a ruling in State National Bank of Big Spring v. Lew. Big...

Ascertainability – The Implied Certification Requirement of Rule 23(a)

20 Jul 2016

The Eastern District of New York recently denied class certification in a Fair Debt Collection Practices Act lawsuit (FDCPA), because the class sought by plaintiff...

LPI Litigation Continues to Apply the Filed-Rate Doctrine

20 Jul 2016

The Southern District of Florida has recently reinforced the application of the filed-rate doctrine in dismissing claims involving lender placed hazard insurance (“LPI”). In Fowler...

Supreme Court Denies Certiorari in Madden

13 Jul 2016

The U.S. Supreme Court recently denied the petition for writ of certiorari to review the decision of the U.S. Court of Appeals of the Second...

Class Action Defendant’s Tender Offer of Judgment Fails to Moot Plaintiff’s Claims

13 Jul 2016

In Ung v. Universal Acceptance Corporation, a Minnesota U.S. District Court ruled that a Telephone Consumer Protection Act (TCPA) class-action defendant’s tendered Offer of Judgment...

Supreme Court Rejects Agency’s Attempt to Change Longstanding Interpretation of FLSA Exemption Without Explanation

07 Jul 2016

The U.S. Supreme Court recently refused to accord Chevron deference to a Department of Labor (DOL) regulation, which removed an exemption historically recognized by the...

Judge Again Refuses to Disclose Plaintiffs’ Names in CFPB Suit

29 Jun 2016

On June 15, 2016, U.S. District Judge Randolph Moss stood by a previous decision which kept anonymous the names of five companies which had sued...

District Court Rejects Use of Sampling to Establish Liability under False Claims Act

29 Jun 2016

A U.S. district court recently refused to permit a qui tam relator to extrapolate findings from sampling to establish liability under the federal False Claims...

Sixth Circuit Rejects TILA Rescission Claim Based on Alleged Failure to Give Notice of Assignment

Fourth Circuit Holds that Creditors Violate Maryland Closed End Credit Provisions By Pyramiding Late Fees

Second Circuit Rules That Judges Can Decertify a Class After Jury Verdict

Eighth Circuit Rules that Federal Tax Lien Takes Priority Over Earlier Recorded Deed of Trust Due to “Significant Gap” in Recording of Refinance Loan

DC District Court Rejects Constitutional Challenge Based on Cordray’s Appointment

Ascertainability – The Implied Certification Requirement of Rule 23(a)

LPI Litigation Continues to Apply the Filed-Rate Doctrine

Supreme Court Denies Certiorari in Madden

Class Action Defendant’s Tender Offer of Judgment Fails to Moot Plaintiff’s Claims

Supreme Court Rejects Agency’s Attempt to Change Longstanding Interpretation of FLSA Exemption Without Explanation

Judge Again Refuses to Disclose Plaintiffs’ Names in CFPB Suit

District Court Rejects Use of Sampling to Establish Liability under False Claims Act

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