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Category: Finance

Plaintiffs fail to establish equitable tolling in another putative RESPA kickback case

On December 11, 2013 by Schnader in Finance

By Monica C. Platt In Riddle v. Bank of America, a judge in the Eastern District of Pennsylvania just granted summary judgment against the plaintiffs in a case alleging that banks and mortgage insurers participated in a “scheme” to pay purported kickbacks in violation of the Real Estate Settlement Procedures Act […]

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Pennsylvania’s Superior Court creates a conflict with the Third Circuit by holding that UTPCPL claims are not subject to the economic loss doctrine

On December 11, 2013 by Schnader in Finance

By Stephen J. Shapiro The Pennsylvania Superior Court’s recent decision in Knight v. Springfield Hyundai is notable for two reasons.  First, addressing an issue of first impression, the Court held that disputes arising in connection with automobile installment sale contracts are not subject to arbitration unless the installment sale agreement itself […]

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Is the U.S. Supreme Court Poised to Eviscerate the Fraud-on-the Market Theory?

On December 4, 2013 by Schnader in Finance

By Eric A. Boden On November 15, 2013, the U.S. Supreme Court granted a cert petition in Halliburton Co. v. Erica P. John Fund, Inc., f/k/a Archdiocese of Milwaukee Supporting Fund, Inc. The petitioner, Halliburton, wants the Court to reverse a Fifth Circuit decision that refused to allow Halliburton to introduce […]

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Creditors can be found liable for violating the FDCPA when they use third party debt collectors that do not make bona fide attempts to collect debts

On November 19, 2013 by Schnader in Finance

By Stephen J. Shapiro Last week the Second Circuit held that: (1) a creditor can face liability under the Fair Debt Collection Practices Act (FDCPA) when a third party it hires to contact debtors does not make bona fide attempts to collect the debt but rather acts as a mere conduit […]

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