Press "Enter" to skip to content

Posts tagged as “Tenth Circuit”

10th Cir. Rules TCPA Action Not Covered by Insurance Under Colorado Law

The U.S. Court of Appeals for the Tenth Circuit recently affirmed summary judgment in favor of an insurance company, holding that the insurer had no duty to defend and indemnify its insured in a lawsuit alleging that the provider’s telemarketing phone calls violated several federal and state laws, because statutory damages and injunctive relief under the Telephone Consumer Protection Act (TCPA) are uninsurable penalties — not damages — under Colorado law and the insurance policies at issue. A copy of the opinion in ACE American Insurance Company v. Dish Network is available at:  Link to Opinion. The federal government and five…

10th Cir. Holds Borrower’s FDCPA, Other Claims Not Barred by Rooker-Feldman After Non-Judicial Foreclosure

The U.S. Court of Appeals for the Tenth Circuit recently held that the Rooker-Feldman doctrine did not bar the trial court from considering the plaintiff’s claims because she was not challenging or seeking to set aside an underlying non-judicial mortgage foreclosure proceeding under Colorado law. Accordingly, the Tenth Circuit remanded to the trial court to determine what effect, if any, the non-judicial proceeding had under the doctrines of issue and claim preclusion. A copy of the opinion in Mayotte v. U.S. Bank National Association is available at:  Link to Opinion. The borrower signed a note secured by a deed of trust.  The…

10th Cir. Affirms Dismissal of Fair Credit Billing Act Claims Due to Paid Off Balance

The U.S. Court of Appeals for the Tenth Circuit recently held that a consumer had no claim under the federal Fair Credit Billing Act (FCBA) where he had already fully paid the balance of his credit cards, because after full payment there was no “credit outstanding.” A copy of the opinion in Hasan v. Chase Bank USA, NA is available at:  Link to Opinion. The plaintiff consumer used a credit card from a bank (“Bank One”) to pay $689,176.92 to a company for the future delivery of wine.  The consumer used another credit card from another bank (“Bank Two”) to…

10th Cir. Rejects Action to Void Foreclosure Sale Based on Prior TILA Cancellation Demand

The U.S. Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state court action. A copy of the opinion in Pohl v. US Bank is available at:  Link to Opinion. The plaintiff borrowers refinanced the loan on their home in May 2007.  In 2009, the borrowers defaulted on their loan.  In March 2010, believing that their lender had…

10th Cir. Affirms Refusal to Compel Arbitration as to Non-Signatory Third Parties

The U.S. Court of Appeals for the Tenth Circuit recently affirmed a trial court’s denial of a motion to compel arbitration against non-signatory third-party beneficiaries who did not accept the benefits of the contract. A copy of the opinion in Jacks v. CMH Homes is available at:  Link to Opinion. In 2009, a buyer financed a mobile home purchase with a manufactured-home retail installment contract.  The contract contained an arbitration provision that purportedly extended to “all co-signors and guarantors … and any occupants of the manufactured home.” Five years later, the buyer and her family sued the home’s manufacturer and…