Stephen J. Shapiro

Stephen J. Shapiro

Schnader Harrison Segal & Lewis LLP

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Third Circuit holds that only “material” representations by a debt collector are actionable under the FDCPA

Joining a national trend, the United States Court of Appeals for the Third Circuit recently held that a plaintiff must allege more than just a misleading representation to prevail on a claim under the Fair Debt Collections...more

7/27/2015 - Appeals Debt Collectors FDCPA Materiality Putative Class Actions Subpoenas Summary Judgment Unfair or Deceptive Trade Practices

Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine

Pennsylvania’s “gist of the action” doctrine prohibits plaintiffs from pursuing tort claims for what are, in actuality, breach of contract claims. A variety of defendants, including those in the financial services industry,...more

1/7/2015 - Breach of Contract Contract Disputes Gist of the Action Homeowner's Insurance Insurance Litigation Negligence Property Damage State Action Doctrine Tort Toxic Exposure Toxic Mold

Ninth Circuit addresses TILA tender requirement and RESPA statute of limitations

Under the Truth in Lending Act (TILA), a borrower may seek to rescind a loan under certain circumstances. The rescission process under TILA is as follows: the borrower notifies his lender that he intends to rescind the loan;...more

7/24/2014 - CFPB Mortgages RESPA Statute of Limitations TILA

In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter...

In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action...more

6/3/2013 - Attorney Malpractice Operating Agreements Patent Applications Patents Subject Matter Jurisdiction USPTO

Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission...

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It...more

3/18/2013 - Disclosure Requirements Lenders Mortgages Notice Requirements Rescission Split of Authority TILA

The Supreme Court Declines to Address Whether Financial Institutions Are Entitled to Unqualified Immunity from Claims Arising from...

Last month, the U.S. Supreme Court denied the Petition for a Writ of Certiorari in Cummings v. Doughty, thereby leaving open a split among circuit courts regarding the scope of the immunity financial institutions that file...more

12/6/2012 - Annunzio-Wylie Anti-Money Laundering Act FDIC Federal Reserve FinCEN OCC Safe Harbors

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