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Publication Date: 2023-11-20
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Investments and Investment Advisory | Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-03206-JFL
Class action plaintiff moved for consolidation of litigation, appointment as lead plaintiff, and approval of selection of co-lead counsel. The court granted the motion in its entirety.
Publication Date: 2023-10-30
Practice Area: Personal Injury
Industry: Financial Services and Banking | Insurance
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1576 MDA 2022
Trial court properly vacated 2017 transfer order approving a purchase agreement of petitioner's structured settlement payments in exchange for a lump sum payment because purchaser never made the required lump sum payment and trial court had extraordinary cause to justify its intervention more than 30 days after entry of the 2017 order. Affirmed.
Publication Date: 2023-10-30
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2483
District court properly found that plaintiff had standing in her Fair Debt Collection Practices Act action and that defendant's form collection letter violated 15 U.S.C. §1692e but court found standing based on traditional standing principles, not the informational injury doctrine, and remanded for additional findings as to class certification. Affirmed.
Publication Date: 2023-10-30
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David B. Shaver, Surdyk Dowd & Turner, Dayton, OH for appellant.
for defendant: Yitzchak Zelman, Ari H. Marcus, Marcus & Zelman, Asbury Park, NJ for appellee.
Case Number: 22-2483
Incurring costs to understand confusing collection letter was sufficient to confer Article III standing without the need to rely on the informational injury doctrine, but further factfinding was needed to determine if other potential class members suffered the same harm.
Publication Date: 2023-10-30
Practice Area: Mass Torts
Industry: Financial Services and Banking | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-6019
Parties moved for approval of their preliminary settlement agreement in financial institutions class action over hacked store system that allowed theft of payment card data and court found the requirements for class certification were met, approved the notice and found the Girsh and Prudential factors weighed in favor of approval. Motion granted.
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Publication Date: 2023-10-30
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 03234
Defendant borrower appealed the trial court's order denying its petition to open or strike the judgment confessed against it by plaintiff lender. The court concluded that its order should be affirmed where defendant had agreed to be bound by its note's confession of judgment provisions in a subsequent amendment to the note.
Publication Date: 2023-10-30
Practice Area: Litigation
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hill
Attorneys: For plaintiff:
for defendant:
Case Number: 02363
Appellant bank appealed the trial court's order denying its motion for summary judgment in a consumer fraud case brought by former residential mortgage borrowers. The court concluded that appellant was not entitled to relief on appeal where its asserted defenses of res judicata and collateral estoppel did not apply because the claims raised by appellees here were distinct from those presented in appellant's earlier action for residential foreclosure.
Publication Date: 2023-10-23
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Cary L. Flitter, Andrew M. Milz, Jody T. López-Jacobs, Flitter Milz, Narberth, PA; Brent F. Vullings, Vullings Law Group, LLC, Collegeville, PA for appellants.
for defendant: David P. Helwig, Marks O’Neill O’Brien Doherty & Kelly, Pittsburgh, PA; Cecil J. Jones, Cozen O’Connor, Philadelphia, PA for appellee.
Case Number: 21-2430
District court erred in ruling that furnisher of consumer credit information was exempt from obligation to investigate indirect dispute referred by a consumer reporting agency upon deeming the dispute frivolous, where the Fair Credit Reporting Act expressly granted that exception solely to consumer reporting agencies for indirect disputes.
Publication Date: 2023-10-16
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 23-CV-3404
Court dismissed removed state law ejectment claim where face of complaint appeared to suggest both parties were citizens of the same state and defendant's federal defense could not confer federal question jurisdiction. Case remanded to state court.
Publication Date: 2023-10-16
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2430
District court erred in granting summary judgment to debt collection company Waypoint in appellant's Fair Credit Reporting Act and Fair Debt Collection Practices Act action over an alleged fraudulent account and court found Waypoint had a duty to investigate appellant's indirect complaint regardless of appellant's purported failure to supplement his dispute with additional information or the fact that he had previously submitted a direct dispute that cable company had deemed frivolous. Reversed.
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