The U.S. Court of Appeals for the Sixth Circuit recently held that a lawsuit brought by the attorney general of Michigan on behalf of Michigan residents did not qualify as a “class action” under the federal Class Action Fairness Act (CAFA).
Posts tagged as “Sixth Circuit”
The U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of a homeowner’s claims against her hazard insurer related to its deduction for costs of labor as “depreciation” in determining its net payment for damage to the home.
The U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of a consumer’s Fair Debt Collection Practices Act (FDCPA) claim based on debt collection information that was visible through a transparent window on two debt collection letters.
The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s finding that a consumer lacked standing to pursue a lawsuit alleging that collection notices sent by a law firm violated the FDCPA because no attorney with the firm conducted a meaningful review of his debts.
The Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit BAP) recently reversed a lower bankruptcy court’s ruling that rejected an objection to the confirmation of debtors’ chapter 13 plan asserted by the holder of a claim relating to vehicle financing incurred within 910 days of the bankruptcy petition (a 910 claim).
The U.S. Court of Appeals for the Sixth Circuit recently affirmed a trial court’s ruling that, at least under Michigan law, a lender could recover against a living trust that guaranteed a loan from the property held by the trust. A copy of the opinion in JPMorgan Chase Bank, N.A. v. Winget, et al is available at: Link to Opinion. A closely-held company obtained a loan of almost a half-billion dollars from a group of banks. The company’s principal agreed to guarantee the loan, both individually and on behalf of his living trust. The borrower defaulted and the lender sued the…
The U.S. Court of Appeals for the Sixth Circuit recently affirmed a judgment in favor of the furnisher of credit information in an action filed under the federal Fair Credit Reporting Act and other claims under state common law. In so ruling, the Sixth Circuit held that the FCRA’s preemption provisions apply to state common law claims concerning a furnisher’s reporting obligations, joining similar rulings by the Seventh and Second Circuits. A copy of the opinion in Scott v. First Southern National Bank is available at: Link to Opinion. The plaintiffs owned several investment properties and obtained a $300,000 commercial…
The U.S. Court of Appeals for the Sixth Circuit recently affirmed dismissal of a homeowner’s claims under the federal Real Estate Settlement Procedures Act (RESPA), where the homeowner plaintiff only signed the mortgage, but not the note evidencing the loan. The Sixth Circuit’s holding reinforced that a plaintiff who does not have personal obligations under the loan agreement is not a “borrower,” and thus cannot assert claims under RESPA, which extends causes of action only to “borrowers.” A copy of the opinion in Keen v. Helson is available at: Link to Opinion. Husband and wife borrowers took out a loan secured by…
The U.S. Court of Appeals for the Sixth Circuit recently held that a plaintiff lacked Article III standing to sue a consumer reporting agency under the federal Fair Credit Reporting Act (FCRA) for allegedly failing to disclose all information in his file. In so ruling, the Sixth Circuit held that the alleged deprivation of information had no consequences for the consumer and imposed no real risk of harm to establish injury in fact. A copy of the opinion in Huff v. TeleCheck Services, Inc. is available at: Link to Opinion. The consumer reporting agency (CRA) advises merchants on whether it should…
The U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of a breach of contract claim in a putative class action involving short-term cash advance loans, finding that the contract at issue was ambiguous because it provided two inconsistent definitions of “annual percentage rate” that could not be reconciled. A copy of the opinion in Laskaris, et al. v. Fifth Third Bank is available at: Link to Opinion. The defendant bank created a short-term cash advance program for eligible customers who held checking accounts with the bank. Specifically, the bank would deposit loans up to $1,000 directly…
The U.S. Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a bankruptcy trustee’s ability to avoid the defective lien because such notice is irrelevant to a trustee’s status as a judicial lien creditor. Accordingly, the Sixth Circuit affirmed the Bankruptcy Appellate Panel’s upholding of the bankruptcy court’s denial of the mortgagee’s motion for judgment on the pleadings. A copy of the opinion in Donald Harker v. PNC Mortg. Co. is available at: Link to Opinion. The borrowers filed a chapter 7 bankruptcy petition that included…
In a 2-1 decision, the U.S. Court of Appeals for the Sixth Circuit recently held that, because a complaint’s sole federal claim under the Garn-St. Germain Depository Institutions Act of 1982 did not provide a private cause of action, and because the state law claims did not implicate significant federal issues, the trial court lacked jurisdiction. Accordingly, the Sixth Circuit vacated the trial court’s judgment with instructions to remand the case to state court. A copy of the opinion in Estate of Cornell v. Bayview Loan Servicing, LLC is available at: Link to Opinion. The borrower died with an outstanding…