The U.S. Court of Appeals for the Fifth Circuit recently vacated and remanded a lower court’s award of over $4 million in attorney’s fees in connection with a class action settlement.
Posts tagged as “Fifth Circuit”
In its top consumer credit law decisions of 2021, the U.S. Court of Appeals for the Fifth Circuit determined that settlement of an FDCPA claim does not trigger an attorney fee award, examined third-party contact as a "communication" under the FDCPA, and ruled there was no "partial surrender" of collateral in a Chapter 13 plan.
The U.S. Court of Appeals for the Fifth Circuit recently rejected a borrower’s objections to a bankruptcy court’s jurisdiction and held that the doctrine of res judicata barred the borrower’s claim objection as it was ultimately based on the alleged impropriety of the creditor’s claim from a prior bankruptcy.
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 U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of an award of attorney’s fees to a debtor who settled his claims against a debt collector for purported violations of the federal Fair Debt Collection Practices Act and parallel state law consumer protection statutes.
The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of a consumer’s Chapter 13 bankruptcy plan that proposed a "partial surrender" of a cross-collateralized loan.
The U.S. Court of Appeals for the Fifth Circuit recently affirmed the dismissal of a debtor’s claims against a debt collector alleging that a telephone call placed to his sister constituted an improper third-party communication in connection with the collection of a debt, in violation of the federal Fair Debt Collection Practices Act (FDCPA).
The U.S. Court of Appeals for the Fifth Circuit recently held that a consumer’s contractual obligation to repay an overpayment in government grant money received by the debtor qualified as a “debt” under the federal Fair Debt Collection Practices Act (FDCPA) because it involved a consensual promise to repay in exchange for receipt of an item of value, and the subject of the transaction was primarily for personal, family, or household purposes.
The U.S. Court of Appeals for the Fifth Circuit recently reversed a trial court’s order sanctioning a consumer’s counsel for failure to promptly settle a lawsuit, but affirmed the trial court's order denying a motion to recuse because the trial court was not biased against the consumer.
The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s order compelling the arbitration of an employee’s federal age discrimination claim against a financial institution employer, holding that the trial court correctly found that there was a meeting of the minds between the employee and the employer as required to form the arbitration agreement.
The U.S. Court of Appeals for the Fifth Circuit recently held that the restrictions on the president's removal authority under the Consumer Financial Protection Act, allowing for the removal of the CFPB's director only for “inefficiency, neglect of duty, or malfeasance in office,” are valid and constitutional.
In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit recently held that the protections against default judgment under the Servicemembers Civil Relief Act (SCRA) do not apply to the seizure and sale of real property in in rem proceedings under Louisiana law where the debtors have agreed to a confession of judgment in the mortgage or security agreement.