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Dorsey & Whitney LLP

Courts Address Participant Standing to Challenge Fees and Payments Received by Group Health Plan Service Providers

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As we recently suggested, ERISA disputes over the fees and expenses charged to employer or union sponsored group health plans may well become the next wave in ERISA litigation. At minimum, the Consolidated Appropriations Act...more

Williams Mullen

RESPA Sec. 8(a): How is an Unnecessarily High Settlement Cost Different from an Overcharge?

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In Brasko v. Howard Bank, 2022 WL 951771 (D. Md. Mar. 29, 2022), a district court recently certified a subclass of residential mortgage borrowers who alleged that First Mariner Bank, a predecessor of Howard Bank, violated...more

Foley & Lardner LLP

Fourth Circuit Applies Spokeo to Bar RESPA Section 8 Class Action Claim

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On March 13, the Fourth Circuit Court of Appeals rejected plaintiffs’ claim in a class action under Section 8 of the Real Estate Settlement Procedures Act (RESPA), which imposes a broad prohibition against referral fees or...more

Foley & Lardner LLP

RESPA Class Action Case Cannot Survive Scrutiny under Spokeo or Menominee

Foley & Lardner LLP on

On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act (“RESPA”) case (“Baehr”), granting a defense motion for summary judgment. The court dismissed the action...more

Farrell Fritz, P.C.

Divorcing Husband Not Smiling Over Court’s Rejection of Ownership Interest in Wife’s Dental Practice

Farrell Fritz, P.C. on

The self-proclaimed entrepreneur and guiding force behind his soon-to-be ex-wife’s highly successful, multi-office pediatric dental practice known as Kiddsmiles is not smiling after the court in Savel v Savel, Short Form...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

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REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

Mintz - Securities Litigation Viewpoints

Standing of Petrobras Opt-Out Plaintiffs Challenged

Mintz - Securities Litigation Viewpoints on

A recent motion to dismiss filed by the defendants in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation challenges the standing of several institutional opt-out plaintiffs. ...more

Ballard Spahr LLP

No deference for CFPB amicus brief from Ninth Circuit

Ballard Spahr LLP on

Many readers probably remember Edwards v. First American Financial Corp. for its ill-fated journey to the U.S. Supreme Court. The Supreme Court had granted certiorari to decide the issue of whether a plaintiff who brings a...more

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