Financial Institution Litigation

Represented debt management company in successfully obtaining summary judgment on two occasions against Errors & Omissions insurer, including (i) a ruling that the insurer was required to defend the insured under an E&O policy against a class action lawsuit alleging “wrongful acts” in connection with the insured’s debt management and credit counseling activities; and (ii) a ruling that a subpoena constitutes a “claim” under an E&O policy and that the claim was not barred by an exclusion for claims arising out of the prior class action lawsuit.

Successfully defended financial institution in breach of contract, fraud, and unjust enrichment lawsuit brought by individual borrower facing foreclosure in Fairfax County Circuit Court. Obtained dismissal of the lawsuit with prejudice.

Represented a finance company in a counterclaim class action in state court on claims arising out of the sale of AD&D insurance in connection with consumer loans.  After substantial motions practice and discovery, the case settled on a class basis on terms favorable to the finance company.

Represented a mortgage company in a state class action asserting claims for violating Maryland lending law in connection with the origination of second mortgage loans.  We successfully defeated class certification and the matter settled shortly thereafter on an individual basis.

Represented a mortgage servicer in litigation alleging violations of the Fair Credit Reporting Act and breach of contract, arising out of publication of derogatory credit information. We obtained summary judgment on all claims and the ruling was affirmed by the U.S. Court of Appeals of the Fourth Circuit.

Represented a national consumer finance company in a class action alleging improper assessment of late fees. We obtained a dismissal of complaints based on improper claims splitting and we were successful in preserving dismissal on order of appeal.

Represented four defendants who provided back-office servicing to a credit counseling agency in a national consumer class arbitration involving alleged violations of the Credit Repair Organizations Act and a host of consumer protection statutes. Judgment was entered in favor of the class for 2% of the amount initially sought, and the arbitrator denied petitioner’s request for attorneys’ fees in excess of $7.2 million.

Represented several assignees of second mortgage loans in consumer class actions that were removed to federal court involving alleged violations of the Maryland Secondary Mortgage Loan Law. We obtained dismissal of the complaints on the merits and the dismissals were subsequently affirmed on appeal by the Fourth Circuit.

Represented several regional banks in federal class actions asserting claims under Maryland law involving allegedly defective repossession notices.  We successfully settled the claims in each case on a class basis on terms favorable to the banks.