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Financial Institutions › Motion to Dismiss › Fraud

McGlinchey Stafford

Court Finds TILA Statute of Limitation is Not Equitably Tolled

McGlinchey Stafford on

On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act (TILA) claim as being time-barred. In Marion v. Transitowne Jeep Chrysler Dodge Ram Williamsville, the Plaintiff...more

Orrick, Herrington & Sutcliffe LLP

District court grants bank’s motion for stay pending appeal to consider EFTA arguments

Orrick, Herrington & Sutcliffe LLP on

On April 22, the U.S. SDNY granted a bank’s motion for interlocutory appeal and stay pending appeal to the U.S. Court of Appeals for the Second Circuit in a case involving alleged violations of the EFTA. The case stemmed from...more

Orrick, Herrington & Sutcliffe LLP

Court of Chancery throws out suit against bank for alleged fraud

Orrick, Herrington & Sutcliffe LLP on

On April 16, in the Court of Chancery of the State of Delaware, a judge threw out a case with prejudice where a shareholder (the plaintiff) sued a bank but ultimately failed to show a “substantial likelihood of liability.”...more

Polsinelli

Stars Align As Second Circuit Limits Orion

Polsinelli on

The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian...more

Orrick - Finance 20/20

New York Appellate Court Upholds ACA’s Fraud Suit Against Goldman Sachs

Orrick - Finance 20/20 on

On August 18, 2015, the New York Appellate Division’s First Department held that ACA Financial Guaranty Corp. adequately pled its fraud suit against Goldman Sachs Group Inc. A four-judge panel held that ACA sufficiently...more

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