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Posts published in “Banking”

3rd Cir. Holds Penn Regulator’s Actions Against Out-of-State Lender Did Not Violate Commerce Clause

The U.S. Court of Appeals for the Third Circuit recently reversed a trial court's ruling that the Pennsylvania Department of Banking and Securities violated the Commerce Clause by issuing and attempting to enforce a subpoena to an out-of-state vehicle title lender regarding the out-of-state lender's interactions with Pennsylvania residents.

Nevada Supreme Court Holds Challenges to HOA Liens Subject to 4-Year SOL, Which May Not Be Triggered by HOA Sale

In response to certified questions from the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court recently held that: (1) an action seeking to determine the validity of a homeowners association lien under NRS 40.010 is subject to NRS 11.220’s four-year statute of limitations;

9th Cir. Reverses Dismissal of EFTA Claim for Unauthorized Charges, Hold Privacy Notice Created No Substantive Rights

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. 

Calif. App. Court (1st Dist) Rejects Bank’s Effort to Disqualify Arbitrator as Untimely

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.

Illinois App. Court (5th Dist) Rejects Borrower’s Challenges to Creditor’s Evidence at Trial

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.

Illinois App. Court (1st Dist) Holds Claims Against Bank and Bank Officer for Fraud, Breach of Fiduciary Duty Were Time Barred

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.