Case Law, Litigation and Decisions.
The Supreme Court rejects recess appointment of NLRB members, appointed the same day as Cordray as CFPB Director
Dechert ONPOINT: Second Circuit Overturns Lower Court's Refusal to Approve SEC Settlement With Citigroup
Dykema: Federal Court Upholds Broad FTC Authority to Regulate Data Security Standards
Dechert OnPoint: Court Sides with FTC on Sweeping Data Security Role
Dechert: Reining In Overbroad Criminal Subpoenas – Is Some Relief In Sight?
Goodwin Procter Consumer Financial Services: CFPB Files Complaint Alleging Violations of RESPA
Goodwin Procter Consumer Financial Services Alert: Third Circuit Holds FDPCA Can Apply in Bankruptcy Proceedings
Goodwin Procter Consumer Financial Services: Pennsylvania Supreme Court Holds Required Notice Procedural Issue Not Jurisdictional
Goodwin Procter Consumer Financial Services: California Appellate Court Holds Lender Failed to Follow HAMP Procedures
Goodwin Procter Financial Services Alert: Massachusetts High Court Rules that Closed-End Funds’ ByLaws Allow No More than 395 Days Between Annual Shareholders’ Meetings
Goodwin Procter: In Edmonson, Third Circuit Affirms Summary Judgment for Insurer in Retained Asset Account Case
Goodwin Procter: In Pipefitters, Sixth Circuit Holds Service Provider Is Fiduciary in Assessing Fee
Goodwin Procter: In Abbott, Seventh Circuit Refines Applicability of Class Action Device in Defined Contribution Challenge
Goodwin Procter Financial Services Alert: Seventh Circuit Reverses Decertification of Class in ATM Fee Suit
Goodwin Procter Financial Services Alert: Eighth Circuit Reaffirms that Notice Alone is Insufficient to Effectuate TILA Rescission
Goodwin Procter Financial Services Alert: Third Circuit Holds TCPA Allows Revocation of “Prior Express Consent”
Goodwin Procter Financial Services Alert: Court Dismisses Shareholders’ Investment Company Act Claims Brought Against Advisers and Directors of Exchange-Traded Funds for Allegedly Excessive Fees Paid by the Funds in their Securities Lending Agreements
Goodwin Procter Financial Services Alert: Tenth Circuit Rules that “Extender Statutes” Permit NCUA to Bring Otherwise Time-Barred RMBS Suits
CFPB Director Cordray ratified the actions he took before his Senate confirmation, in light of questions about the vailidity of his original recess appointment.
Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation
Pillsbury Client Alert on D.C. Circuit Court Decision That Calls Into Question the Constitutionality of the Appointment of the Director of the CFPB
D.C. Circuit holds NLRB recess appointments, and by implication Director Cordray's recess appointment to the CFPB, were invalid.
Ballard Spahr covers the Fourth Circuit’s rejection of FDCPA challenge to prerecorded calls seeking location information
Ballard Spahr summarizes a Federal court ruling allowing Pennsylvania county recorder to sue MERS for failure to record mortgage assignments.
Ballard Spahr summarizes the Ninth Circuit ruling on the case regarding prerecorded courtesy calls subject to Telephone Consumer Protection Act provisions.
K&L Gates summarizes the Federal District Court of D.C.’s decision in the case against the Commodity Futures Trading Commission regarding a recent position limit rule on commodity options and swaps pursuant to the Dodd-Frank Act.
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Ballard Spahr covers the development of an organization, Consumers Count, created in response to the AT&T Mobility LLC v. Concepcion case to restore consumer rights related to class action waivers in consumer arbitration agreements.
Derchert analyzes the Federal District Court of Washington D.C.’s opinion in striking down a Commodity and Futures Trading Commission rulemaking. The International Swaps and Derivatives Association and the Securities Industry and Financial Markets Association filed the case against the rulemaking. The Court found that the CFTC’s interpretation of statutory language surrounding final position limit rules for over-the-counter swaps and derivatives was not aligned with the intent of the Dodd-Frank Act.
Ballard Spahr analyzes a New York federal court opinion in the case of Monique Sykes v. Mel Harris and Associates to grant class certification for fraudulent debt collection practices.
Ballard Spahr analyzes the Pennsylvania Supreme Court case of Basile v. H&R Block, Inc. and the court’s rejection of class certification in this consumer financial services case.
Ballard Spahr’s analysis of class action suit, Schnabel v. Trilegiant Corp. The Second Circuit Court of Appeals affirmed the district court’s decision to refuse the defendant’s movement to compel individual arbitration, because the arbitration provisions of the online agreement between the defendant and the plaintiffs was not disclosed on the online enrollment page at the time of the contract formation.
Thomas Reuters/Alison Frankel’s Analysis of Second Circuit Court of Appeals’ opinion in the class action suit against Goldman Sachs. In the case where the fund alleged that Goldman Sachs concealed MBS risk, the court ruled that the fund had standing for the claims it invested in as well as claims related to every certificate or trust in the offering.
Ballard Spahr analyzes the District Court of New Jersey’s decision in the case of Napoli v. HSBC Mortgage Services. In the case the court ruled that borrowers must raise unfair lending practice accusations during the foreclosure proceedings.
Ballard Spahr Legal Alert on Standard Fire Insurance Co. v. Knowles. The Supreme Court granted certiorari on August 31 to examine whether a plaintiff in a state court class action can prevent removal to a federal court by limiting the damages sought to less than the Class Action Fairness Act threshold.
Ballard Spahr examines the Supreme Court’s decision to obligate courts to compel individual arbitration.
Ballard Spahr examines the decision of the Supreme Court of Washington in its Mortgage Banking Update.
Federal District court upholds the Department of Labor’s interpretation of the Fair Labor Standards Act excluding mortgage loan originators from overtime exemptions.
The U.S. Supreme Court rules in the case of Freeman v. Quicken Loans, deciding that a lender violates Section 8(b) of RESPA for dividing a fee with another entity that did not provide services in connection with the fee.