Litigation Developments

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...

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

06 Apr 2016

In Brown v. Electrolux Home Products, Inc., plaintiffs alleged Electrolux sold front-loading washing machines with defective rubber seals. The rubber seals supposedly caused mildew. The...

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

30 Mar 2016

The U.S. Court of Appeals for the Fourth Circuit recently held that a company which attempts to collect defaulted debt that it buys, i.e. for...

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

23 Mar 2016

The U.S. Supreme Court yesterday issued its decision in Hawkins v. Community Bank of Raymore, in which the court was deadlocked at a 4-4 decision...

Government’s “Fairyland” Damages Theory Rejected Under the False Claims Act

16 Mar 2016

The United States Court of Appeals for the Sixth Circuit recently overturned an unreasonably high damages award under the False Claims Act (“FCA”), rejecting the...

Eleventh Circuit Dismisses Suit Against Fannie Mae Asserting TILA Violations for Servicer’s Alleged Inaction

16 Mar 2016

On March 1, 2016, the U.S. Court of Appeals for the Eleventh Circuit held that a borrower does not have a claim against a creditor’s...

Ninth Circuit Rejects Class-Certification in Suit Against Citigroup

09 Mar 2016

On March 2, 2016, the U.S. Court of Appeals for the Ninth Circuit approved a lower court decision declining to certify a class against Citigroup...

Ninth Circuit Rules Fannie Mae, Freddie Mac Not Federal Instrumentalities Under the False Claims Act

09 Mar 2016

The Ninth Circuit Court of Appeals affirmed the U.S. District Court for the District of Nevada’s holding that claims presented to the Federal National Mortgage...

RESPA Plaintiffs Who Had Not Exercised Reasonable Diligence Not Entitled to Toll the Statute of Limitations, Says Third Circuit Court of Appeals

02 Mar 2016

The U.S. Court of Appeals for the Third Circuit has held that plaintiffs who do not exercise reasonable diligence cannot avoid the one-year statute of...

Fourth Circuit Strikes Down Arbitration Agreement

24 Feb 2016

The Fourth Circuit recently refused to enforce an arbitration provision, which prohibited the arbitrator from applying federal law. By prohibiting the application of federal law,...

Supreme Court Reaffirms Two Element Standard for Equitable Tolling

17 Feb 2016

The Supreme Court recently held equitable tolling did not apply to the Menominee Indian Tribe’s claim under the Contract Dispute Act of 1978, finding no...

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

Government’s “Fairyland” Damages Theory Rejected Under the False Claims Act

Eleventh Circuit Dismisses Suit Against Fannie Mae Asserting TILA Violations for Servicer’s Alleged Inaction

Ninth Circuit Rejects Class-Certification in Suit Against Citigroup

Ninth Circuit Rules Fannie Mae, Freddie Mac Not Federal Instrumentalities Under the False Claims Act

RESPA Plaintiffs Who Had Not Exercised Reasonable Diligence Not Entitled to Toll the Statute of Limitations, Says Third Circuit Court of Appeals

Fourth Circuit Strikes Down Arbitration Agreement

Supreme Court Reaffirms Two Element Standard for Equitable Tolling

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