Last summer, my colleague C.J. Summers and I posted a report about Saccameno v. U.S. Bank National Association, a Seventh Circuit case in which we had filed an amicus brief on behalf of the Chamber of Commerce of the United...more
2/12/2020
/ Amicus Briefs ,
Breach of Contract ,
Chamber of Commerce ,
Compensatory Damages ,
Constitutional Challenges ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Fraud ,
Consumer Protection Laws ,
Default ,
Denial of Rehearing ,
Excess Policies ,
Loans ,
Mortgages ,
Ocwen ,
Petition For Rehearing ,
Punitive Damages ,
Statutory Violations ,
US Bank National Association
Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v. Campbell,...more
7/22/2019
/ Amicus Briefs ,
Appeals ,
Breach of Contract ,
Calculation of Damages ,
Chamber of Commerce ,
Clerical Errors ,
Compensatory Damages ,
Constitutional Challenges ,
Consumer Bankruptcy ,
Consumer Protection Laws ,
Default ,
Loans ,
Mortgages ,
Punitive Damages ,
Statutory Violations ,
US Bank National Association
Should divided panels of federal appellate courts really be deciding state-law issues of first impression? That’s what happened last month in Lindenberg v. Jackson National Life Insurance Co. In Lindenberg, two Sixth Circuit...more
1/28/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Constitutional Challenges ,
Damage Caps ,
Death Benefits ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Life Insurance ,
Policy Terms ,
Punitive Damages