The U.S. Court of Appeals for the Fourth Circuit recently reversed a trial court’s contrary ruling in a putative class action relating to a data breach and remanded the case back to state court for lack of Article III standing.
Posts published by “Jacob C. VanAusdall”
Jake VanAusdall is Senior Counsel in the Nashville office of Maurice Wutscher LLP. He practices in the firm’s Consumer Credit Litigation and Commercial Litigation groups predominantly representing financial institutions. Jake also has substantial litigation experience representing clients involved in intellectual property, construction, contract, and business disputes. Jake has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2022), and is a former member of the Tennessee John Marshall American Inn of Court. For more information, see https://mauricewutscher.com/attorneys/jacob-vanausdall/
In a repurchase and indemnification action involving mortgage loan liabilities, the U.S. Court of Appeals for the Eighth Circuit recently upheld a trial court’s $5.4 million compensatory damages judgment and over $14 million attorney fee award in favor of the plaintiff, while overturning the trial court’s award of post-judgment interest.
The U.S. Court of Appeals for the Eighth Circuit recently vacated a trial court’s order remanding a defendant's removal to federal court of a putative class action under the federal Class Action Fairness Act. In so ruling, the Eighth Circuit held that CAFA did not contain a presumption that class action cases should be remanded to state court, and the trial court failed to properly consider a declaration provided by the defendant in support of the request for removal under CAFA.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s ruling in favor of the Consumer Financial Protection Bureau against a company and its owner that provided fee-based scholarship and financial aid services to prospective and current college students.
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 institutions alleging a conspiracy to manipulate Yen-LIBOR and Euroyen TIBOR rates.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a bankruptcy court’s judgment in favor of a debtor who sought to avoid a judgment lien under California’s homestead exemption law.
The Appellate Court of Illinois, First District, recently upheld a trial court’s order granting a mortgagee's motion for summary judgment, judgment of foreclosure, sale, and order confirming the foreclosure sale.
The New York Court of Appeals recently reversed the rulings of both the trial court and intermediate appellate court and held that under Article 9 of the Uniform Commercial Code (UCC) a secured lender may collect the accounts receivables owed to the debtor by third parties.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that two lenders’ claims against a borrower were barred by the applicable statute of limitations.
The U.S. Court of Appeals for the Seventh Circuit affirmed a trial court’s dismissal, on separate grounds, of a borrower’s FCRA claims because the borrower lacked standing. In addition, the Seventh Circuit held that the borrower’s affidavit made conclusory statements with documentary support and was therefore insufficient to defeat the lender’s motion for summary judgment.
The California Court of Appeal for the First Appellate District recently reversed a trial court's decision to affirm an arbitration award that upheld the validity of a late payment fee assessed to borrowers in the event of a borrower's default.
The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a lender’s RICO claims asserted in connection with a borrower’s default on a $5 million loan.