On March 24, the U.S. Supreme Court issued its anticipated Omnicare decision, which addresses the standard of liability applied to expressions of opinion in a registration statement for a public offering [lexis.com subscribers may access Supreme Court... Read More
In a legal environment that seems to be growing increasingly difficult for Ponzi scheme victims to recover their losses, the United States Supreme Court gave a group of defrauded investors some welcome news. The Court issued its decision in Chadbourne... Read More
by S. Mohsin Reza and John C. Lynch Last week, the U.S. Supreme Court heard argument in an appeal from the U.S. Court of Appeals for the Eighth Circuit that involves an interpretation of a provision under the Truth-in-Lending Act that has caused a... Read More
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments on Nov. 7 over whether a prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) lawsuit may be awarded costs even though the lawsuit was not brought in bad... Read More
by H. Scott Kelly and Alan D. Wingfield The United States Supreme Court on Oct. 6 issued an order inviting the U.S. Solicitor General to file a brief on the pending cert petition filed in Spokeo, Inc. v. Robins , which is on appeal from the Ninth Circuit... Read More
by William H. Hurd , S. Mohsin Reza and John C. Lynch In a major, unanimous decision on the Truth in Lending Act (TILA), the Supreme Court resolved a circuit split and clarified borrowers’ rescission rights under TILA, potentially making rescission... Read More
WASHINGTON, D.C. — (Mealey’s) Countrywide Home Loans Inc. and property owners today argued before the U.S. Supreme Court as to whether a lawsuit filed by the owners in relation to their right to rescind under the Truth in Lending Act (TILA... Read More
WASHINGTON, D.C. - (Mealey's) Because the Credit Repair Organizations Act (CROA) does not specifically state whether claims brought pursuant to the act are eligible for arbitration, the Federal Arbitration Act (FAA) requires an arbitration agreement... Read More
WASHINGTON, D.C. — (Mealey’s) In light of the recent ruling in Larry D. Jesinoski, et al. v. Countrywide Home Loans Inc., et al. (No. 13-684, U.S. Sup.) [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this... Read More
WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does not displace a district court's discretion to award costs under" Federal Rule of Civil Procedure... Read More