Tag Archives: Supreme Court

Jennifer Gray to Speak at MBA Legal Issues & Regulatory Compliance Conference

Jennifer L. Gray, co-chair of the Consumer Financial Services Litigation Practice, will be speaking at the 2017 Mortgage Bankers Association (MBA) Legal Issues & Regulatory Compliance (LIRC) Conference. This four-day event will take place May 7-10, 2017, at the InterContinental Miami. Gray will be presenting on the panel “Litigation Forum: TILA, RESPA, ECOA, FHA,” taking … Continue Reading

The Supreme Court Agrees to Determine Whether SEC Actions Seeking Disgorgement are Subject to the Five-Year Limitations Period Set Forth in 28 U.S.C. § 2462

At the urging of both an individual petitioner and the SEC, the Supreme Court has agreed to resolve a recent circuit split as to whether the five-year limitations period applicable to SEC enforcement actions applies to the remedy of disgorgement. Kokesh v. SEC, __ S. Ct. __, No. 16-529, 2017 WL 125673 (U.S. Jan. 13, … Continue Reading

In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action

On Nov. 3, 2016, the Florida Supreme Court issued its long-awaited decision in Bartram v. U.S. Bank National Association, No. SC14-1265, 2016 WL 6538647 (Fla. Nov. 3, 2016), bringing much-needed clarity to the outstanding question of whether the dismissal of a mortgage foreclosure action more than five years after it was filed bars the lender … Continue Reading

U.S. Court of Appeals for the District of Columbia Circuit Declared CFPB’s Single-director Structure Unconstitutional

In a 110-page decision issued on Oct. 11, 2016, the United States Court of Appeals for the District of Columbia Circuit declared the Consumer Financial Protection Bureau’s (CFPB) single-director structure unconstitutional and vacated a $103 million fine against PHH.  The Court found that the current structure allows the Commissioner to wield too much power that … Continue Reading

The Ninth Circuit Issued a Ruling in Bourne Valley Court Trust v. Wells Fargo Bank, NA

Last week, the Ninth Circuit held, in Bourne Valley Court Trust v. Wells Fargo Bank, NA that Nevada’s super-lien priority statute, NRS § 116.310, prior to certain amendments enacted in 2015, was facially unconstitutional. Nev. Rev. Stat. 116.3116 establishes that liens resulting from non-payment of homeowners’ association (HOA) have priority over other secured liens for … Continue Reading

Spokeo Oral Argument Before the U.S. Supreme Court

Last week, the US Supreme Court heard arguments in one of the most closely watched cases of this term, Spokeo, Inc. v. Robins, a putative class action seeking statutory damages for an alleged violation of the Fair Credit Reporting Act (“FCRA”). The plaintiff, Robins, alleged that Spokeo, which operated a “people search engine” that aggregates … Continue Reading

Recent Supreme Court Decisions Impacting Federal Regulatory and Administrative Law Issues

Financial firms and their regulators can be significantly affected by U.S. Supreme Court decisions, particularly those that address matters relating to federal administrative law. As the Supreme Court begins a new term, its docket includes several cases that could have significantly impact litigation involving the Administrative Procedure Act and other federal regulations.  Last term, the … Continue Reading
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