MIAMI - A Florida federal judge on Aug. 25 rejected objections submitted by former property owners to a foreclosure, finding that their monetary damage claims under the Truth In Lending Act (TILA) were time-barred or barred by a state court foreclosure judgment (Mayra E. Farias, et al. v. U.S. Bank National Association, et al., No. 15-21827, S.D. Fla.; 2015 U.S. Dist. LEXIS 112528).
TAMPA, Fla. - After finding that a borrower's complaint lacked detail on the actual underlying mortgage transaction and that she failed to specify what claims she was asserting against the defendants in the case, a Florida federal judge on Aug. 26 dismissed the case in its entirety (James M. Sims, et al. v. Nation Star Mortgage, et al., No. 8:15-cv-1706, M.D. Fla.; 2015 U.S. Dist. LEXIS 113143).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Aug. 25 found that a bank violated a bankruptcy court discharge injunction when it attempted to collect payments on a mortgage and affirmed a bankruptcy court's ruling to award the borrowers damages and fees (Venture Bank v. Howard L. Lapides, No. 14-3085, 8th Cir.; 2015 U.S. App. LEXIS 14939).
SAN JOSE, Calif. - A federal judge on Aug. 20 granted a computer maker's motion to dismiss a proposed class action related to a one-year warranty policy, granting the purchaser leave to amend his California law claims to include more particularity and ordering him to show why he is entitled to assert claims under California law (Maury Adkins v. Hewlett-Packard Co., No. 15-cv-02035, N.D. Calif.; 2015 U.S. Dist. LEXIS 111163).
SAN FRANCISCO - Relying on previous court rulings that found that the term "handcrafted" on a bottle would not lead a reasonable person to believe that bourbon is actually made by hand, a California federal judge on Aug. 21 granted a bourbon maker's motion to dismiss claims for violation of California's unfair competition law and other claims filed against it in relation to its bottle labels (Scott Welk v. Beam Suntory Import Co., et al., No. 15cv328, S.D. Calif.; 2015 U.S. Dist. LEXIS 111164).
ATLANTA - After finding that there was no bankruptcy stay in effect that would have prohibited a lender from foreclosing on a property, the 11th Circuit U.S. Court of Appeals on Aug. 21 affirmed a district court's dismissal of a borrower's wrongful foreclosure action (Althea Miley v. Thornburg Mortgage Home Loans Inc. "TMHL", et al., No. 14-15630, 11th Cir.; 2015 U.S. App. LEXIS 14676).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 24 affirmed dismissal of claims asserted by borrowers for violation of the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA) and other claims, but remanded the case so that they can have the chance to amend their complaint (Nina Shahin, et al. v. PNC Bank, Local Branch at 87 Greentree Driver, Dover, DE 19904, et al., No. 15-1405, 3rd Cir.; 2015 U.S. App. LEXIS 14836).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 19 affirmed a district court's decision to dismiss borrowers' claims asserted for violation of the Troubled Asset Relief Program (TARP) and other claims for failure to state a claim and as barred by the doctrine established in Rooker v. Fidelity Trust Co. (263 U.S. 413 ) and District of Columbia Court of Appeals v. Feldman (460 U.S. 462 ) (Edgar Nivia, et al. v. Nation Star Mortgage LLC, et al., No. 14-14048, 11th Cir.; 2015 U.S. App. LEXIS 14541).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 18 affirmed a lower federal court's ruling that debt allegations in an underlying bankruptcy proceeding fail to refer to the kind of conduct that constitutes "lending services" pursuant to a bankers professional liability insurance policy (Greater Community Bancshares Inc., f.k.a. Greater Rome Bancshares, Inc., et al. v. Federal Insurance Co., No. 15-11806, 11th Cir.; 2015 U.S. App. LEXIS 14437).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 18 affirmed a lower federal court's finding that an insurer has no duty to defend former directors of a now-defunct company because their business and management indemnity insurance policy's professional services exclusion bars coverage for claims that the insureds engaged in a payroll tax scheme (Darryn Begun, et al. v. Scottsdale Insurance Co., No. 13-16211, 9th Cir.; 2015 U.S. App. LEXIS 14495).
NEW YORK - An expert cannot testify on the proper amount of damages due to Bank of New York Mellon (BoNY) based on agreements concerning residential mortgage-backed securities, a New York federal judge ruled Aug. 18, finding that the agreements provide a formula for recovery before and after liquidation of a loan (The Bank of New York Mellon, solely as Trustee for GE-WMC Mortgage Securities Trust 2006-1 v. WMC Mortgage, LLC and GE Mortgage Holding, LLC, No. 12-7096, S.D. N.Y.; 2015 U.S. Dist. LEXIS 108320).
FRESNO, Calif. - Since a proposed class action in which purchasers asserting violations of California's unfair competition law in relation to allegedly defective styling irons is still in the pre-class stage, a California federal judge on Aug. 17 denied the plaintiffs' motion to compel additional discovery on the irons (Delia Wilson, on behalf of herself and others similarly situated, v. Conair Corp., No. 1:14-cv-00894, E.D. Calif.; 2015 U.S. Dist. LEXIS 109030).
LOS ANGELES - A California federal judge on Aug. 17 refused to dismiss part of a borrower's claim for violation of California's unfair competition law but granted a bank's motion to dismiss his claims for negligent misrepresentation (Edward C. Hendricks v. Wells Fargo Bank, N.A., et al., No. 15-01299, C.D. Calif.; 2015 U.S. Dist. LEXIS 108313).
CHICAGO - An Illinois federal court on Aug. 17 granted a motion filed by property owners in relation to their mortgage loan for summary judgment on the issue of liability, finding that a law firm violated the Fair Debt Collections Practices Act (FDCPA) when it sent a notice in a foreclosure action during a bankruptcy stay (Dariusz Melnarowicz, et al. v. Pierce & Associates, P.C., No. 14-07814, N.D. Ill.; 2015 U.S. Dist. LEXIS 107841).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 13 affirmed dismissal of the one claim not abandoned by borrowers against a bank for violation of the Texas Debt Collection Act (TDCA), agreeing with the findings of a district court (Michael Bracken, et al. v. Wells Fargo Bank National Association, No. 14-40928, 5th Cir.; 2015 U.S. App. LEXIS 14368).
LOS ANGELES - A California state unfair competition law (UCL) claim is the only claim remaining after a federal judge in California on Aug. 14 ruled on a motion to dismiss in a case accusing mortgage companies of foreclosing on the plaintiff's home despite promising to postpone the action after receiving written confirmation of the escrow closing date for the sale of the home by the plaintiff to another buyer (Deborah Davenport v. Seattle Bank, et al., No. 15-4475, C.D. Calif.; 2015 U.S. Dist. LEXIS 107499).
DETROIT - A Michigan federal judge on Aug. 13 granted a bank's motion to dismiss, finding that former homeowners failed to show that their property was wrongfully foreclosed on (Gary Radisavljevich, et al. v. Comerica Bank, No. 14-14777, E.D. Mich.; 2015 U.S. Dist. LEXIS 106484).
NEW ORLEANS - A majority of the Fifth Circuit U.S. Court of Appeals on Aug. 12 affirmed a lower federal court's ruling that the sophisticated-insured exception to a directors and officers liability insurance policy's wrongful acts exclusion is inapplicable (Certain Underwriters at Lloyds London, et al. v. Bruce Perraud, et al., No. 14-10849, 5th Cir.).
CHICAGO - After finding that property owners asserted plausible claims for violation of the Fair Debt Collection Practices Act (FDCPA), an Illinois federal judge on Aug. 10 denied a firm's motion to dismiss the case (Saha Kabir, et al. v. Freedman Anselmo Lindberg LLC, No. 14-1131, N.D. Ill.; 2015 U.S. Dist. LEXIS 104299).
NEW YORK - After finding that a letter from a lender constituted a communication related to the collection of a debt, the Second Circuit U.S. Court of Appeals on Aug. 12 vacated a decision granting the lender's motion to dismiss the borrower's claims for violation of the Fair Debt Collection Practices Act (FDCPA) (Matthew J. Hart v. FCI Lender Services Inc., No. 14-191, 2nd Cir.; 2015 U.S. App. LEXIS 14087).
NEWARK, N.J. - A New Jersey federal judge on Aug. 11 granted a motion to dismiss filed by lenders, finding that a borrower's claims were completely barred by a previous related state court case and were time-barred (Lucia Perino v. Federal National Mortgage Association as trustee for Fannie Mae Remic Trust 2006-90, et al., No. 2:15-cv-01063, D. N.J.; 2015 U.S. Dist. LEXIS 104904).
MACON, Ga. - After finding that a borrower failed to state his claims for wrongful foreclosure and eviction, a Georgia federal judge on Aug. 10 granted a bank's motion to dismiss the case (George W. Henry v. HSBC Mortgage Services Inc., No. 5:15-CV-60, M.D. Ga.; 2015 U.S. Dist. LEXIS 104269).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 5 affirmed a district court's dismissal of claims for violation of Texas law and negligent misrepresentation, finding that they failed to show any actual damages and that they could not have filed for bankruptcy in an attempt to avoid foreclosure (Ernest Bassknight, et al. v. Deutsche Bank National Trust Co., et al., No. 14-11371, 5th Cir.; 2015 U.S. App. LEXIS 13872).
DENVER - The 10th Circuit U.S. Court of Appeals on Aug. 6 affirmed a lower federal court's finding that a directors and officers insurance policy's "insured vs. insured" exclusion unambiguously precludes coverage for the Federal Deposit Insurance Corp.'s gross mismanagement claims against a bank's former directors (BancInsure Inc., et al. v. Federal Deposit Insurance Corporation, et al., Nos. 14-3063 and No. 14-3064, 10th Cir.; 2015 U.S. App. LEXIS 13764).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 4 affirmed a lower federal court's ruling that there is no coverage for two underlying lawsuits alleging that an insured committed negligence and fraud with respect to its provision of professional services pertaining to tax documents (Financial Strategy Group PLC v. Continental Casualty Company, No. 14-6296, 6th Cir.).