LexisNexis® Legal Newsroom
Credit Repair Organization Act’s Silence On Arbitration Means Claims Must Be Arbitrated, High Court Rules

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 in a credit card agreement "to be enforced...

High Court Hears Oral Arguments in Debt Collection Case Over Costs Awards

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 faith or with an intent to harass ( Olivea Marx v...

High Court: Debt Collection Act Does Not Prohibit Award of Costs Under Rule

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 54(d)(1), a divided U.S. Supreme Court ruled today...

Supreme Court Ruling in Stanford Financial Case on SLUSA Leaves Madoff Victims Wondering “Why Not Us?”

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 & Park LLP v. Troice et al. , 2014 U.S. LEXIS...

U.S. Supreme Court Invites Solicitor General to File Comment on Pending Spokeo Appeal

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 [lexis.com subscribers may access Supreme Court...

Supreme Court Hears Arguments on Whether TILA Action Is Time-Barred

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) was time-barred ( Larry D. Jesinoski, et al. v....

Supreme Court Skeptical of Lender’s Interpretation of TILA Rescission Statute

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 split among the lower courts. The Supreme Court has...

Supreme Court Clarifies Borrowers’ Right to Rescind Under Truth in Lending Act

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 of a loan transaction easier for borrowers...

Supreme Court Grants Cert in Truth in Lending Act Rescission Actions, Remands Cases

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 case], the U.S. Supreme Court today granted petitions...

IMHO, Omnicare Doesn’t Materially Change Opinion Disclosure

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 briefs and an enhanced opinion for this case]. While...