Calif. App. Court (1st Dist) Allows Private State False Claims Action for...
The California Court of Appeal, First District, recently held that a qui tam plaintiff may pursue a California False Claims Act (CFCA) action predicated on a bank’s failure to report and deliver...
View Article8th Cir. Holds Statute of Limitations for Facial Challenges to Agency Action...
The U.S. Court of Appeals for Eighth Circuit recently held that, when plaintiffs bring a facial challenge to a final agency action, the right of action accrues, and the limitations period begins to run...
View Article2nd Cir. Affirms Dismissal of RICO, Antitrust, Other Claims Arising from...
After nearly a decade of litigation, the U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a putative class action brought against more than 20 international financial...
View Article5th Cir. Rejects Allegations That Bank Owed Fiduciary Duty to Non-Customer
The U.S. Court of Appeals for the Fifth Circuit recently affirmed the ruling of a trial court rejecting various claims by a non-customer that a bank owed a fiduciary duty to ensure that assets were...
View ArticleDC Circuit Holds CFPB’s Prepaid Rule Did Not Contravene EFTA, Reversing Trial...
The U.S. Court of Appeals for the District of Columbia Circuit recently reversed the ruling of a trial court and concluded that the Consumer Financial Protection Bureau’s Prepaid Rule, which regulates...
View Article3rd Cir. Holds TILA Does Not Require Breakdown of Annual Credit Card Fee
The U.S. Court of Appeals for the Third Circuit recently affirmed the dismissal of a consumer’s claims under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., and its implementing...
View ArticleIndiana Supreme Court Reverses Order Compelling Arbitration in ‘Overdraft...
The Supreme Court of Indiana recently reversed and remanded a trial court’s order compelling arbitration of two bank customers’ putative class action complaint. In so ruling, the Court held that the...
View ArticleIllinois App. Court (1st Dist) Rejects Borrower’s Arguments That Breach of...
The Appellate Court of Illinois, First District, recently rejected a borrower's arguments that his breach of a forbearance agreement was immaterial, and that the lender was attempting to use the...
View Article6th Cir. Confirms Bank Entitled to Restitution When Payment Made by ‘Mistake’...
The U.S. Court of Appeals for the Sixth Circuit recently held that, because a bank teller paid checks on an account that had insufficient funds by “mistake” and did not take those checks “for value”...
View ArticleCalif. App. Court (2nd Dist) Holds Bank Owed Duty of Care to Deposit Customer...
The California Court of Appeal, Second Appellate District, recently reversed a trial court's ruling, and held that a defendant bank owed the plaintiff law firm a duty of care based on the special...
View ArticleIndiana Supreme Court Rules Silence and Inaction Not Enough for Enforceable...
The Indiana Supreme Court recently reversed the judgment of a trial court granting a credit union’s motion to compel individual arbitration and finding an enforceable agreement to arbitrate between...
View Article8th Cir. Rejects Conversion Claims by Decedent’s Estate Against Bank for Lack...
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of several conversion claims brought by the estate of a deceased account holder against a bank, holding that one of the...
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