Plaintiffs defaulted on a loan that they had secured by giving the lender a mortgage on their property. A law firm representing the lender sent plaintiffs a letter and documents demanding payment of the debt and threatening to foreclose on the property… Continue reading
This case arose when plaintiff filed suit against Chase, alleging that Chase failed to comply with its obligations under the federal Home Affordable Modification Program (HAMP) by declining to issue him a permanent loan modification. The district court… Continue reading
Plaintiff appealed the district court’s dismissal of his civil action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692. The district court concluded that plaintiff’s claim was covered by the FDCPA but that he did not allege acts tha… Continue reading
Plaintiff filed a putative class action against M&T Bank, alleging that it improperly charged its checking account customers overdraft fees. The district court denied M&T Bank’s renewed motion to compel arbitration, finding that plaintiff’s claims were… Continue reading
Appellants appealed the district court’s order denying their Rule 60(b) motion for the district court to reconsider its previous order remanding the case to state court. In support of their motion, appellants claimed that, in light of a recent opinion … Continue reading
Several purchasers of condominium units sued developer Harborage Cottages-Stuart, LLLP (Harborage), alleging that Harborage violated the Interstate Land Sales Full Disclosure Act (ILSFDA), 15 U.S.C. 1701 et seq., and several Florida statutes. Central t… Continue reading
This case arose when plaintiffs filed a nationwide consumer class action against Life of the South Insurance Company (Life of the South). At issue was whether Life of the South had a right to enforce against plaintiffs the arbitration clause in the loa… Continue reading
Plaintiff was injured in a single-car accident when driving a vehicle manufactured by defendant and subsequently filed an action against defendant, alleging claims for failure to warn, strict liability, and negligence arising from the defective design … Continue reading
Plaintiff’s suit concerning purchase of an aircraft claimed specific performance; and, in the alternative, breach of contract; breach of the covenants of good faith and fair dealing; and breach of the Florida Deceptive and Unfair Trade Practices Act (F… Continue reading
Plaintiffs filed a purported class action as an adversary proceeding before the bankruptcy court alleging that their mortgage lender, Wells Fargo Bank N.A. (“Wells Fargo”), violated various provisions of the Bankruptcy Code and Bankruptcy Rules by fail… Continue reading