Tag Archives: United States Supreme Court

Conover v. Patriot Land Transfer: RESPA’s Statute of Limitations and Equitable Tolling Clash Again

A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data lists in return for lender referrals to the title company. Given that this decision was issued in the context of a motion to dismiss, the … Continue reading this entry

Don’t Delay Rule 23(f) Appeal

In Nutraceutical Corporation v. Lambert, No. 17-1094, 586 U.S. __ (Feb. 26, 2019), the United States Supreme Court once again endorsed the old adage, “When you snooze, you lose”—at least sometimes. Under Federal Rule of Civil Procedure 23(f), either side can file for a permissive appeal of a district court’s adverse class certification (or decertification) … Continue reading this entry

On Remand From Supreme Court in Spokeo, Ninth Circuit Holds FCRA Violation Satisfies Article III Standing

The Ninth Circuit finally weighed in again on Article III standing issues after the remand of the Spokeo case from the United States Supreme Court.  The Supreme Court in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), addressed whether a willful violation of the Fair Credit Reporting Act (“FCRA”), absent proof of actual damages, … Continue reading this entry

Supreme Court Vacancy Leaves Spokeo Outcome Even More Uncertain

The consumer financial services industry is wondering how the sudden passing of United States Supreme Court Justice Antonin Scalia will affect the pending Spokeo, Inc. v. Thomas Robins case. Spokeo is a key case dealing with whether a class action lawsuit may be brought by a consumer who suffered no actual injury, based solely on a claimed … Continue reading this entry

Supreme Court Watch: Chase Bank v. McCoy

Today, the United States Supreme Court invited the Solicitor General to file a brief expressing the Government’s position on Chase Bank USA, N.A.’s (“Chase”) cert petition with the following question presented: When a creditor increases the periodic rate on a credit card account in response to a cardholder default, pursuant to a default rate term … Continue reading this entry

Supreme Court Watch: Jerman v. Carlisle

On January 13, 2010, the Supreme Court heard arguments in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, a case that will have a far reaching impact on the bona fide error defense in the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 – 92p, as well as attorneys’ obligations while collecting … Continue reading this entry

United States Supreme Court Recognizes Rise In Consumer Credit Litigation

Each year, Chief Justice John Roberts. Jr. issues a report about the state of the federal judiciary. For 2009, Justice Roberts reported a 6% year-to-year decline in filings in the Supreme Court and federal courts of appeals. The federal district courts saw a 3% increase in filings over 2008 filings, up to 276,397 filings in … Continue reading this entry