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Consumer Law: Mortgage Lender-Deceptive Trade Practices-Fraud Pleading Requirements
Plaintiff appealed the dismissal of his complaint of deceptive trade practices against his mortgage lender and related parties. Where plaintiff failed to plead his allegations of fraud with requisite particularity, the district court properly dismissed his complaint. Judgment is affirmed. Strong v. Caliber Home Loans Inc. (MLW No. 73403/Case No. 18-2661 – 2 pages) (U.S. […]
Consumer Law: Customer Information Breach-Failure to State a Claim-Proof of Damages
A group of customers sued defendants following a hacker breach that resulted in access to the customers’ financial information. The court previously dismissed all but one plaintiff for lack of standing. The district court subsequently dismissed the remaining plaintiff for failure to state a claim. Where state law did not impose a duty on retailers […]
Consumer Law: Fair Debt Collection Practices Act-Collection Letter-Minnesota Law
Where a plaintiff argued that the content of a debt-collection letter violated the Fair Debt Collection Practices Act, the district court properly dismissed her lawsuit because the letter was not false or misleading when viewed through the eyes of an unsophisticated consumer, and the court properly found that Minnesota law does not prohibit the creditor […]
Consumer Law: Home Equity Loan-Imposition of Lender Insurance-Evidence of Agreement
Plaintiff filed suit against his mortgagee, alleging it illegally imposed lender insurance for plaintiff’s failure to obtain mortgage insurance and further alleging the mortgagee improperly reneged on a rate-reduction agreement between plaintiff and the mortgagee’s predecessor. The district court dismissed the first claim, finding plaintiff had notice of a global settlement releasing such clai[...]
Consumer Law: Consumer Loans-Arbitration-Exclusive Arbitral Forum
Plaintiff appealed the circuit court’s order denying its motion to compel arbitration and stay proceeding on defendant’s claims. The parties executed contracts for consumer loans that contained arbitration clause granting exclusive jurisdiction to the National Arbitration Forum; thereafter, NAF entered a consent decree with the Minnesota Attorney General to stop providing arbitration s[...]
Consumer Law : Fair Debt Collection Practices Act – Unsophisticated Consumer Standard – Violation Of Cease Letter
Scheffler v. Gurstel Chargo, P.A. (MLW No. 72046/Case No. 17-2141 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.)
Consumer Law : MMPA – Jurisdiction – Deceptive Representations
Faltermeier v. FCA US LLC (MLW No. 71982/Case No. 17-2093 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)
Consumer Law : Financing Application – Arbitration – Class Action
Parm v. Bluestem Brands, Inc. (MLW No. 71973/Case No. 17-1931 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Consumer Law : Foreclosure Sale – Redemption Period – Minnesota Law
Litterer v. Rushmore Loan Management Services (MLW No. 71870/Case No. 16-3060 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Consumer Law : Credit Card Debt – Compound Interest – Minnesota Law
Coyne v. Midland Funding LLC (MLW No. 71880/Case No. 17-2826 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)
Consumer Law : Direct Patient Billing – Medicaid Law – Third-Party Recovery
Robinett v. Shelby County Healthcare Corporation (MLW No. 71878/Case No. 17-1336 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Consumer Law : Second Mortgage Loan Act – Excessive Fees – Statute Of Limitations
Baker v. Century Financial Group, Inc. (MLW No. 71598/Case No. WD80813 – 19 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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