Litigation Developments

WBK Industry News - Litigation Developments

“Nonacquiescence Policy” of Federal Agencies – Instrument of Oppression

12 Oct 2016

In a recent opinion, the D.C. Circuit Court of Appeals meted out a blistering rebuke of the nonacquiescence policy of the National Labor Relations Board...

Second Circuit Finds Parent not Responsible for Subsidiary’s Liability under Shared Services Agreement

05 Oct 2016

The Second Circuit Court of Appeals recently issued an opinion reversing summary judgment in favor of the Federal Trade Commission (“FTC”) against a parent company...

Eighth Circuit Upholds Summary Judgment for Debt Collection Firm

28 Sep 2016

The Eighth Circuit recently upheld a district court’s grant of summary judgment in a case concerning the Fair Debt Collection Practices Act’s (“FDCPA”) prohibition against...

Regions Bank Reaches $52.4 Million Settlement to Resolve Alleged False Claims Act Liability Arising From FHA-Insured Mortgage Loan Origination Practices

21 Sep 2016

On September 12, 2016, Regions Bank (Regions), reached agreement with the U.S. Department of Justice (DOJ) to pay $52.4 million to settle alleged fraud claims...

Purchaser of Loans and Servicing Rights Deemed “True Lender,” Subject to State Laws in CFPB Payday Loan Suit

14 Sep 2016

In CFPB v. CashCall, Inc., the CFPB’s motion for partial summary judgment was granted for claims that defendants violated the Consumer Financial Protection Act (“CFPA”)...

Reverse Mortgage Regulations Do Not Provide a Private Cause of Action

07 Sep 2016

In a case complicated by a former spouse’s wrongful foreclosure of a real property lien in her favor, the Fifth Circuit recently held that HUD...

SoFi Agrees to Settle Class Action and Pay $2.4 Million Over Hard Credit Inquiries

01 Sep 2016

Social Finance, Inc. (“SoFi”) recently agreed to settle for $2.4 million a class action concerning allegations that it ran hard credit inquiries on consumers in...

Second Circuit Reinstates Class Action Against Amazon

01 Sep 2016

The Second Circuit recently overturned the dismissal of a class action against Amazon, finding the assertion that Plaintiff did not have notice of arbitration provision...

The Tenth Circuit Decides Two Cases Addressing the Scope of Coverage of a Title Insurance Policy

24 Aug 2016

The Tenth Circuit recently affirmed a decision from the District Court for the District of Colorado on July 26, 2016 that Woody Creek Ventures, LLC,...

The D.C. Circuit Rules that Proceedings Held by Administrative Law Judges Appointed under the SEC are Constitutional

24 Aug 2016

The D.C. Circuit recently decided on August 9, 2016 that administrative law judges (“ALJs”) employed by the Securities and Exchange Commission are mere employees, and...

Tenth Circuit Reinstates RICO Claims Based on Alleged HAMP Misrepresentations

17 Aug 2016

The Tenth Circuit recently vacated a trial court’s entry of judgment on a motion to dismiss. The plaintiffs had alleged various misrepresentations made in connection...

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...