The U.S. Court of Appeals for the Ninth Circuit recently held that a defendant that relies on potential punitive damages to satisfy the amount in controversy for removal under the federal Class Action Fairness Act meets that requirement if it shows that the proffered punitive/compensatory damages ratio is reasonably possible.
Posts tagged as “Ninth Circuit”
The U.S. Court of Appeals for the Ninth Circuit recently held that, under the federal Housing and Economic Recovery Act (HERA) statute of limitations provisions, a quiet title action brought by Freddie Mac or Fannie Mae is a "contract" claim with a six-year statute of limitations, and not a "tort" claim subject to a three-year statute of limitations.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a borrower’s complaint under the federal Fair Debt Collection Practices Act arising from a judicial foreclosure proceeding in Oregon, holding that the defendants were not attempting to collect a debt within the meaning of the FDCPA when only foreclosure was sought and not a deficiency judgment.
The U.S. Court of Appeals for the Ninth Circuit recently held that a conditional offer from a lender was not a valid tender to satisfy the superpriority portion of an HOA lien.
The U.S. Court of Appeals for the Ninth Circuit recently held that bankruptcy courts could confirm Chapter 13 plans proposing estimated time periods to complete the plan if unsecured creditors and the trustee did not object, reversing a contrary ruling from its Bankruptcy Appellate Panel.
The U.S. Court of Appeals for the Ninth Circuit recently dismissed as moot an employee’s appeal of a trial court’s ruling denying class certification after he reached an individual settlement with his employer as to his claims for workplace meal break violations.
The Supreme Court of the United States recently held that to prevail in a claim for racial discrimination under 42 U.S.C. § 1981, “a plaintiff must plead and ultimately prove that, but for race, it would not have suffered the loss of a legally protected right.”
The U.S. Court of Appeals for the Ninth Circuit recently ruled in favor of the Federal Housing Finance Agency (FHFA), Fannie Mae, and the mortgage loan servicer in a title dispute arising from a homeowners' association (HOA) lien foreclosure.
The U.S. Court of Appeals for the Ninth Circuit recently held that California law does not permit preemptive actions to challenge a party's authority to pursue foreclosure before a foreclosure has taken place.
The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a trustee borrower’s claims under the federal Truth-In-Lending Act, Real Estate Settlement Procedures Act, and California’s Rosenthal Fair Debt Collection Practices Act seeking rescission of a loan obtained to effectuate repairs upon a property inhabited by the trust’s beneficiary.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed summary judgment in favor of a guaranty agency that caused a set-off against a plaintiff’s Social Security benefits to recover a judgment assigned to it based on a defaulted student loan.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order reducing the amount of attorneys’ fees requested by class counsel by cutting the number of hours expended by class counsel by 25%.