The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a consumer’s claims that a bank violated the federal Electronic Fund Transfer Act by failing to fully reimburse her for losses suffered as result of fraudulent transfers from her account.
Posts published in “Banking”
The California Court of Appeals, First Appellate District, recently reversed a lower court’s orders denying a bank account holder’s petition to confirm an arbitration award and an order granting a bank’s petition to vacate the award, and remanded with instructions to enter an order confirming the award.
Welcome to our annual year-end review of consumer credit law. Beginning today and over the next several days, we feature a series of articles exploring the events that shaped the consumer financial services industry in 2021.
The Appellate Court of Illinois, Fifth District, recently affirmed a trial court’s judgment against a borrower on a credit card debt because it ruled that there were no errors in the admission of evidence, there was no evidence of judicial bias, and the judgment was not against the manifest weight of the evidence.
The Illinois Court of Appeals, First District, recently affirmed a trial court's ruling dismissing claims for fraud, breach of fiduciary duty, conversion, and tortious interference as untimely and further affirmed the dismissal of claims for respondeat superior liability, prejudgment interest and attorney’s fees on the basis that the substantive claims were untimely.
The California Court of Appeal, Second District, recently granted a lender’s petition for a writ of mandate compelling the trial court to vacate its order granting the borrower’s petition to compel arbitration.
The U.S. Court of Appeals for the Ninth Circuit, en banc, recently affirmed in part and reversed in part a trial court’s partial grant and partial denial of a bank’s motion to dismiss the City of Oakland’s claims under the federal Fair Housing Act.
The U.S. Court of Appeals for the Fifth Circuit recently affirmed the dismissal of a putative class action challenging a bank's overdraft fees as usurious under the National Bank Act, 12 U.S.C. § 1 et seq. (NBA).
The Consumer Financial Protection Bureau has proposed a rule it says would “shine new light on small businesses’ access to credit.” The proposed rule accomplishes this goal by requiring lenders to “disclose information about their lending to small businesses.”
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit vacated the bankruptcy court's order confirming a farm debtor's chapter 12 plan, concluding that the bankruptcy court erred by failing to hold an evidentiary hearing to determine the value of a bank's collateral where the collateral was disputed. The Panel also concluded that the bank needed to file a proof of claim.
The Massachusetts Supreme Judicial Court recently affirmed a trial court’s judgment dismissing a relator’s claims alleging that the defendants, certain financial institutions, collectively engaged in and conspired to engage in fraud, holding that the suit was subject to the public disclosure bar of the Massachusetts False Claims Act.
In an action by a general contractor against a bank arising out of a construction loan, the Wisconsin Supreme Court recently held that the trial court properly exercised its discretion when it imposed a default judgment against the defendant bank as a sanction for discovery violations.