Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo

After plaintiff Malcolm Kelso rested his case, opposing counsel moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The district court granted the motion. Kelso requests that we reverse and remand, contending that the motion did not “specify . . . the law and facts that entitle[d] the movant to the judgment.”1 We affirm the district court’s judgment.
Case: 15-

Boston, MA - Royal Bank of Scotland Agrees to Pay $4.9 Billion for Financial Crisis-Era Misconduct
Settlement Is Largest Penalty Imposed On A Single Entity By The Justice Department For Financial Crisis-Era Misconduct

The Justice Department announced a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS) resolving federal civil claims that RBS misled investors in th

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other

Tampa, FL - Loan Officer Sentenced For His Role In Mortgage Fraud Conspiracy

U.S. District Judge Mary S. Scriven has sentenced Daniel Cardenas (37, Tampa) to 18 months in federal prison for conspiracy to commit wire fraud.

Cardenas pleaded guilty on April 24, 2018.

According to court documents, from as early as October 2007 through May 2008, Cardenas and others consp

After a three-week trial, the jury found in favor of Dagny Knutson on her
fraudulent concealment and intentional breach of fiduciary duty claims against her former
attorney, Richard J. Foster, and awarded her economic and noneconomic damages. The
trial court granted Foster’s motion for a new trial on the grounds that Knutson did not
prove Foster’s conduct was the cause of Knutson’s

Residential real estate sales today depend largely on
online sites displaying properties for sale. Plaintiffs Robert
Stevens and Steven Vandel (“the Photographers”) are
professional real estate photographers who take photographs
of listed properties and license them to real estate agents.

The real estate agents, in turn, upload such photographs to
Multiple Listing Serv

San Francisco, CA - Pacifica Resident Sentenced To Two Years In Prison For Wire Fraud Scheme

Defendant admits having received over $1 million as a result of her participation in the scheme to defraud.

Bitty Yu was sentenced to 24 months in prison for wire fraud, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Benne

This is the third appeal regarding
attorney fees to stem from a class action against Southwest
2 No. 17‐3541
Airlines after it stopped honoring in‐flight drink vouchers for
customers who bought “Business Select” fares. We thought
the case was over after the first appeal, In re Southwest Airlines
Voucher Litigation (Southwest I), 799 F.3d 701 (7th Cir. 2015), bec

Plaintiffs Wilbur Macy and Pamela J. Stowe
(Plaintiffs) brought this putative class action against GC Services Limited Partnership (GC), a
>
No. 17-5593 Macy, et al. v. GC Servs. Ltd. P’ship Page 2
debt collector, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.
§ 1692 et seq. Plaintiffs alleged that GC, in attempting to collect debt owed by Plai

After a 10-day trial, a jury ruled in favor of appellant David Lacagnina on his
claims for fraud, breach of contract, and breach of the covenant of good faith and fair
dealing against respondents Comprehend Systems, Inc. (Comprehend) and its two
cofounders, Richard Morrison and Jud Gardner. From June 1, 2012 to November 20,
2013, when he was terminated, Lacagnina worked for Compreh

San Francisco, CA - Wells Fargo Agrees to Pay $2.09 Billion Penalty for Allegedly Misrepresenting Quality of Loans Used in Residential Mortgage-Backed Securities

The Justice Department announced on August 1, 2018 that Wells Fargo Bank, N.A. and several of its affiliates (Wells Fargo) will pay a civil penalty of $2.09 billion under the Financial Institutions Reform, Recovery, and Enforceme

The plaintiff, Jonathan
Foley, appeals from summary judgment entered for Wells Fargo
Bank, N.A., in an action seeking to enjoin the bank's threatened
foreclosure under Foley's existing mortgage, and alleging that
the bank was in breach of contract in denying his application to
rewrite the mortgage contract. We affirm.
This is the second plaintiff's appeal in this action,

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa

Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co

In 2013, a federal grand jury indicted Lorene Chittenden for originating and
submitting fraudulent mortgage loan applications.1 At the government’s request, the
district court restrained nearly all of Chittenden’s assets pending the outcome of the
charges. After a seven-day trial, a jury convicted Chittenden of one count of conspiracy to
commit bank and mail fraud, under 18 U

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir

Debtor Linda Isaacs filed for Chapter 13 bankruptcy and brought an adversary action seeking to invalidate a mortgage lien on her home, and to stop the sale of the home pursuant to a Kentucky state-court foreclosure judgment. The adversary complaint sought to avoid the mortgage—as unperfected because the mortgage was never validly recorded—under the strong-arm provision of the bankruptcy code. Afte

Here, Garner was arrested for the murder of her husband, Jon Kevin Garner. Bail
was initially set at $2,000,000; however, after Garner filed her first application for writ of
habeas corpus seeking reduced bail, the trial court lowered the bail amount to $1,000,000.
Thereafter, Garner filed a second application for writ of habeas corpus seeking to further
Ex parte Garner Page

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree w

Honolulu, HI - Hawaii Woman Sentenced To Prison For Stealing Over $1 Million From A Molokai Credit Union

Janell Purdy, 40, a resident of Wailuku, Hawaii, was sentenced today to 50 months’ imprisonment for her role in conspiring to embezzle from the First Hawaiian Homes Federal Credit Union on Molokai. As part of her sentence, Purdy must also pay $949,736.36 in restitution and serve 3 year

Santa Ana, CA - Orange County Man Sentenced to 108 Months in Federal Prison in $21 Million ‘Builder Bailout’ Fraud Scheme

An Orange County man was sentenced to federal prison for his leadership role in a “builder bailout” mortgage fraud scheme.

Momoud Aref Abaji, 37, of Huntington Beach, was sentenced to 108 months in prison by United States District Judge Andrew Guilfo

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o

In 1998, Thomas Fledderman was operating an antique furniture and
antique art pottery retail business in Mt. Healthy. When his landlord demanded
possession of the retail space and the second-floor apartment that Thomas
Fledderman had occupied, Thomas Fledderman attempted to purchase a commercial
storefront building located on Spring Grove Avenue in the city of Cincinnati, Ohio