Litigation Developments

Second Circuit Reverses $1.2 Billion Countrywide FIRREA Penalties Because Intentional Breach of Contract Alone Is Not Wire Fraud/Mail Fraud

25 May 2016

The Second Circuit on Monday reversed $1.2 billion in civil penalties that had been imposed on Countrywide and Bank of America under the Financial Institutions...

Supreme Court Clarifies Concrete Injury Requirement for Plaintiffs Bringing Statutory Claims

20 May 2016

In the long-awaited Spokeo decision on Monday, the Supreme Court held that a plaintiff need not suffer a “tangible” injury to have standing to bring...

Ninth Circuit Rejects Challenge to CFPB Enforcement Authority

20 May 2016

A panel of the Ninth Circuit recently rejected a challenge to the CFPB’s enforcement authority that was based on the improper recess-appointment of Richard Cordray...

First Circuit Upholds HUD’s Final Order Finding Condominium Association’s “No Pet” Rule Violated the Fair Housing Act

12 May 2016

The First Circuit recently held that an “emotional support dog” staying with a man in a condominium unit was a reasonable accommodation under the Fair...

TILA Does Not Apply to Transfers of Texas Tax Liens

05 May 2016

The Fifth Circuit Court of Appeals recently determined that transfers of Texas real property tax liens were not consumer credit transactions within the meaning of...

DC District Court Denies CFPB Enforcement of CID For Lack of Authority

27 Apr 2016

The United States District Court for the District of Columbia recently rejected an attempt by the Consumer Financial Protection Bureau (CFPB) to enforce a civil...

Rooker-Feldman Doctrine Does Not Bar Federal Court Jurisdiction Where Independent Fair Debt Collection Practices Act Violations Alleged

27 Apr 2016

In a recent Eighth Circuit Court of Appeals case, a defendant-debt collection attorney raised the Rooker-Feldman doctrine as a bar to plaintiff’s Fair Debt Collection...

Court, Not Arbitrator, Decides Whether Class-Wide Arbitration Is Authorized

20 Apr 2016

In Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., the Supreme Court held that class-wide arbitration cannot be compelled “unless there is a contractual basis for concluding...

Wells Fargo Reaches $1.2 Billion Settlement to Resolve Claims Arising from FHA Mortgage Origination and Underwriting Practices

14 Apr 2016

On April 8, 2016, Wells Fargo Bank, N.A., reached agreement with the U.S. Department of Justice (DOJ), acting on behalf of the U.S. Department of...

Second Circuit Reverses $1.2 Billion Countrywide FIRREA Penalties Because Intentional Breach of Contract Alone Is Not Wire Fraud/Mail Fraud

Supreme Court Clarifies Concrete Injury Requirement for Plaintiffs Bringing Statutory Claims

Ninth Circuit Rejects Challenge to CFPB Enforcement Authority

First Circuit Upholds HUD’s Final Order Finding Condominium Association’s “No Pet” Rule Violated the Fair Housing Act

TILA Does Not Apply to Transfers of Texas Tax Liens

DC District Court Denies CFPB Enforcement of CID For Lack of Authority

Rooker-Feldman Doctrine Does Not Bar Federal Court Jurisdiction Where Independent Fair Debt Collection Practices Act Violations Alleged

Court, Not Arbitrator, Decides Whether Class-Wide Arbitration Is Authorized

Wells Fargo Reaches $1.2 Billion Settlement to Resolve Claims Arising from FHA Mortgage Origination and Underwriting Practices

District Court’s Certification of Plaintiff Class Vacated Because of Improper “Predominance” Determination

A Company That Purchases Debt in Default and Then Collects That Debt Is Not Necessarily a Debt Collector Under The FDCPA

Divided Supreme Court Affirms Dismissal of ECOA Claims Based on Spousal Guarantors

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