Litigation Developments

WBK Industry News - Litigation Developments

Eighth Circuit Upholds Dismissal of TILA Claim against National Lender

25 Jan 2017

On January 4, 2017, the United States Court of Appeals for the Eighth Circuit affirmed a lower court opinion dismissing rescission and damages claims under...

Ninth Circuit Strictly Adheres to Escobar, Rejects False Claims Allegations for Failure to Identify Specific Representations on Claim Form that Were False

25 Jan 2017

On January 12, 2017, the Ninth Circuit Court of Appeals affirmed summary judgment in favor of a government contractor defendant in a False Claims Act...

Certiorari Granted in Class Action Waiver Case

25 Jan 2017

On January 13, 2017, the United States Supreme Court agreed to resolve a circuit split and decide whether an employee arbitration agreement barring class action...

Federal Judge in Pennsylvania Extends RESPA Statute of Limitations

18 Jan 2017

On January 10, 2017, a Pennsylvania federal judge ruled in White v. PNC Group, et al., that the one-year statute of limitations to the Real...

Judge Grants Interlocutory Appeal on CFPB’s “True Lender” Theory of Liability

18 Jan 2017

A California federal judge granted a payday lender’s request for permission to appeal the judge’s decision that the payday lender violated state laws when it...

7TH CIRCUIT INTERPRETS SPOKEO IN RELATION TO THE FACTA

18 Jan 2017

On December 13, 2016, the U.S. Court of Appeals for the 7th Circuit, in addressing an appeal of a denial of class certification brought under...

Failure to Make Reasonable Accommodation by Declining to Accept Plaintiffs’ Proof of Income Violates Fair Housing Act

11 Jan 2017

The Eighth Circuit Court of Appeals recently held that a policy of requiring particular forms of income documentation was not in itself discriminatory (as pleaded...

10th Circuit Strikes Down SEC Administrative Law Judges as Unconstitutional Under Appointments Clause

05 Jan 2017

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit, in Bandimere v. SEC, ruled that the Securities and Exchange Commission’s (“the...

Central District of California Requires CFPB to Accompany Complaint with Specific Factual Allegations

05 Jan 2017

On November 15, 2016, the Central District of California dismissed a portion of the CFPB’s claims without prejudice against a credit repair service company, because...

Statute of Limitations Triggered by 2008 for RICO Claims Over PMI Reinsurance

14 Dec 2016

The U.S. District Court for the Western District of Pennsylvania recently held that consumers were on notice of the existence of alleged kickback schemes related...

What Happens When Designated Arbitrator is Unavailable?

07 Dec 2016

The Eighth Circuit Court of Appeals and the Eleventh Circuit Court of Appeals recently applied the same analysis to reach opposite results regarding enforcement of...

Federal Jurisdiction Remains Under CAFA After Dismissal of Class Claims

07 Dec 2016

The United States Court of Appeals for the Eleventh Circuit recently held that state law claims were still within the district court’s original federal jurisdiction...

Eighth Circuit Upholds Dismissal of TILA Claim against National Lender

Ninth Circuit Strictly Adheres to Escobar, Rejects False Claims Allegations for Failure to Identify Specific Representations on Claim Form that Were False

Certiorari Granted in Class Action Waiver Case

Federal Judge in Pennsylvania Extends RESPA Statute of Limitations

Judge Grants Interlocutory Appeal on CFPB’s “True Lender” Theory of Liability

7TH CIRCUIT INTERPRETS SPOKEO IN RELATION TO THE FACTA

Failure to Make Reasonable Accommodation by Declining to Accept Plaintiffs’ Proof of Income Violates Fair Housing Act

10th Circuit Strikes Down SEC Administrative Law Judges as Unconstitutional Under Appointments Clause

Central District of California Requires CFPB to Accompany Complaint with Specific Factual Allegations

Statute of Limitations Triggered by 2008 for RICO Claims Over PMI Reinsurance

What Happens When Designated Arbitrator is Unavailable?

Federal Jurisdiction Remains Under CAFA After Dismissal of Class Claims

Subscribe to WBK
Financial Services Update

Practice Areas

Attorneys

Litigation Developments

Subscribe to WBKFinancial Services Update

Practice Areas

Attorneys

Subscribe to WBK
Financial Services Update