News & Analysis as of

Class Action Homeowners Association (HOA)

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Pepper

Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA

Troutman Pepper on

The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental...more

Orrick, Herrington & Sutcliffe LLP

9th Circuit: Law firm did not violate FCRA by accessing credit report

On March 17, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant law firm that allegedly accessed a plaintiff’s credit report to obtain her current...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 28, 2020

Carlton Fields on

Real Property Update - Forum Selection / Equitable Tolling of Statute of Limitations: Equitable tolling was inapplicable where FDIC failed to raise running of statute of limitations in defense of federal court's dismissal...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 21, 2020

Carlton Fields on

Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more

Maynard Nexsen

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

Maynard Nexsen on

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of...more

Maynard Nexsen

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

Maynard Nexsen on

UPDATE: The Petitioners Motion for Rehearing was denied. While the Petition for Certiorari was pending, a settlement agreement was reached, part of which seeks for the Court to dismiss this matter and vacate this opinion....more

Maynard Nexsen

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

Maynard Nexsen on

The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending June 24 & July 1, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more

Hinshaw & Culbertson LLP

Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the...more

Hinshaw & Culbertson LLP

Consumer & Class Action Litigation Newsletter - January 2016

Plaintiff's Attempts to Turn Alleged "Clicking" and "Dead Air" into a TCPA Violation Rejected - Norman v. AllianceOne Receivables Mgmt., Inc., No. 15-1780, 2015 WL 9286778 (7th Cir. Dec. 22, 2015) - The Seventh...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending August 21 & 28 , 2015

Carlton Fields on

Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more

Ballard Spahr LLP

Colorado Legislature Tries Again on Construction-Related Litigation Reform

Ballard Spahr LLP on

As the Colorado Legislature begins its 2015 session, construction defect reform legislation is again at the fore. Senate Bill 177 was introduced on February 10 in an effort to spur condominium projects by providing developers...more

Ballard Spahr LLP

Mortgage Banking Update - March 21, 2013

Ballard Spahr LLP on

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

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