Westerfeld v. Independent Processing, LLC

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Submitted: September 7, 2010

Before SMITH, BOWMAN, and GRUENDER, Circuit Judges.

Marlene Westerfeld, a Missouri resident, filed this class action in Missouri state court against Independent Processing, LLC, a Missouri limited liability company that processed residential mortgage documents, and Provident Funding Associates, LP, a California limited partnership that provided residential mortgages. Westerfeld alleged that when Independent and Provident charged her and other Missouri residents a “broker processing fee” and an “administrative fee,” respectively, in residential mortgage financing transactions, the two entities engaged in the unauthorized practice of law and violated the Missouri Merchandising Practices Act, Mo. Rev. Stat. §§ 407.010–407.1500. Provident removed the case to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA).*fn1 Westerfeld then moved to remand the case based on an exception to CAFA jurisdiction, the local-controversy exception, 28 U.S.C. § 1332(d)(4)(A). The District Court granted Westerfeld’s motion, ordering the case remanded to the Circuit Court of St. Louis County. Provident filed a timely petition with this Court under 28 U.S.C. § 1453(c)(1) for leave to appeal the District Court’s remand order. We granted Provident’s motion, and reviewing the District Court’s interpretation of CAFA de novo, see Iowa 80 Grp., Inc. v. IRS, 406 F.3d 950, 952 (8th Cir. 2005) (standard of review), we now vacate the judgment of the District Court and remand the case for further consideration consistent with this opinion.

Digital Transformation: Leveraging Technology to Improve Legal Outcomes

Brought to you by FTI, Mitratech, NetDocuments
Download Now

Download this eBook where you'll find actionable insights and expert guidance on harnessing your firm's relationships, identifying key activities that lead to new business, and developing a CRM strategy that aligns with your firm's strategic goals.

Why CRM: A Guide to client relationship management for Law Firms

Brought to you by SurePoint Technologies
Download Now

2024 Small & Midsized Law Firm Report

Brought to you by PracticePanther
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

GlobeSt. Healthcare Real Estate 2023

December 11, 2023 - December 12, 2023
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

Legalweek Leaders in Tech Law Awards 2024

January 29, 2024
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Legalweek New York 2024

January 29, 2024 - February 01, 2024
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.

Learn More

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...

Apply Now ›

Labor and Employment Junior Associate

Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...

Apply Now ›

San Francisco Labor and Employment Associate

Duane Morris LLP has an immediate opening for a mid-level, highly motivated associate to join its dynamic and growing Employment, Labor, Ben...

Apply Now ›

Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP

11/20/2023
New Jersey Law Journal

ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023

View Announcement ›