Litigation Developments

3rd Circuit Holds Delaware Tolling Statute Does Not Apply to Out-of-State Resident Subject to Service of Process

18 Jan 2018

The U.S. Court of Appeals for the Third Circuit recently held that under Delaware law, a debtor’s out-of-state residency alone did not toll the Delaware...

7th Circuit Finds Borrower’s Suit for Loan Rescission under TILA Untimely

12 Jan 2018

A borrower who sued the bank from which he borrowed money, secured by his home, was not able to overcome a later foreclosure action by...

9th Circuit Clarifies Federal Diversity Jurisdiction Amount-In-Controversy Requirement for Temporary Stays of Foreclosure

12 Jan 2018

The Ninth Circuit recently held that neither the value of a property, nor the amount of the loan underlying the property, count toward the federal...

11th Circuit Holds Credit Card Payment Processor Jointly and Severally Liable with Perpetrators of Telemarketing Fraud Scheme

05 Jan 2018

The Eleventh Circuit recently ruled that a credit card payment processor that was used to process transactions in a credit card fraud scheme was jointly...

9th Circuit Rejects Constitutional Argument Against Arbitration

05 Jan 2018

The Ninth Circuit enforced an arbitration clause in a contract between a telecommunications company and its customers, affirming the lower court’s order compelling arbitration and...

Managers of Foreclosure Rescue Companies Convicted for Participation in a Mortgage Fraud Scheme

05 Jan 2018

Two managers of foreclosure rescue companies in the Los Angeles area were found guilty by a federal jury for one count of conspiracy to commit...

9th Circuit: Government-Action Bar Prohibits Relators from Bringing FCA Suit Even If Government No Longer a Party

20 Dec 2017

In a recent decision, the Ninth Circuit ruled that the False Claims Act’s “government-action bar,” 31 U.S.C. § 3730(e)(3), applies even when the Government is...

10th Circuit Dismisses Claims for Violations of Foreclosure Law

20 Dec 2017

The Tenth Circuit has affirmed dismissal of claims for violations of foreclosure law for reasons of preclusion and failure to state plausible claims for relief. ...

FTC Files Complaint to Stop Alleged Credit Card Interest-rate Reduction Scam

14 Dec 2017

The FTC recently filed a complaint in federal district court in Florida to stop an alleged credit card interest-rate reduction scam. In its complaint, the...

3rd Circuit Holds that a State May Audit a Company to Determine if the Company Must Pay Money to the State, Even if the State Likely has No Claim to the Money

14 Dec 2017

The Third Circuit recently ruled that Delaware could audit two Companies to determine whether they were required to escheat money from unused gift cards to...

9th Circuit Finds Consumer Standing under Privacy Law

14 Dec 2017

The U.S. Court of Appeals for the Ninth Circuit recently held that disclosure of a consumer’s “personally identifiable information” and video-viewing history on a streaming...

2nd Circuit Holds that Violation of State Statute on Garnishment of Bank Accounts Also Violates the Fair Debt Collection Practices Act

06 Dec 2017

The Second Circuit recently ruled that a law firm conducting debt collection violated the Fair Debt Collection Practices Act (FDCPA) when it violated a New...

3rd Circuit Holds Delaware Tolling Statute Does Not Apply to Out-of-State Resident Subject to Service of Process

7th Circuit Finds Borrower’s Suit for Loan Rescission under TILA Untimely

9th Circuit Clarifies Federal Diversity Jurisdiction Amount-In-Controversy Requirement for Temporary Stays of Foreclosure

11th Circuit Holds Credit Card Payment Processor Jointly and Severally Liable with Perpetrators of Telemarketing Fraud Scheme

9th Circuit Rejects Constitutional Argument Against Arbitration

Managers of Foreclosure Rescue Companies Convicted for Participation in a Mortgage Fraud Scheme

9th Circuit: Government-Action Bar Prohibits Relators from Bringing FCA Suit Even If Government No Longer a Party

10th Circuit Dismisses Claims for Violations of Foreclosure Law

FTC Files Complaint to Stop Alleged Credit Card Interest-rate Reduction Scam

3rd Circuit Holds that a State May Audit a Company to Determine if the Company Must Pay Money to the State, Even if the State Likely has No Claim to the Money

9th Circuit Finds Consumer Standing under Privacy Law

2nd Circuit Holds that Violation of State Statute on Garnishment of Bank Accounts Also Violates the Fair Debt Collection Practices Act

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