News & Analysis as of

Motion to Dismiss › Banks › Banking Sector

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

Carlton Fields

District Of New Jersey Rewards Defendant’s Candor, Finds No Waiver In Successive Motion to Dismiss

Carlton Fields on

Federal Rule 12(g)(2) generally prohibits a successive motion to dismiss based on grounds that were known at the time of the original motion. This rule was tested in VNB Realty, Inc. v. U.S. Bank Nat’l Assoc., No. 2:13-4743,...more

Patterson Belknap Webb & Tyler LLP

Banks Speak: LIBOR Plaintiffs Are Not Efficient Enforcers Of Antitrust Laws

Patterson Belknap Webb & Tyler LLP on

As our loyal readers know, on May 23, 2016, the Second Circuit issued a decision in the In re: LIBOR-Based Financial Instruments Antitrust Litigation vacating the District Court’s prior decision dismissing one case in this...more

Ballard Spahr LLP

Payday Lenders’ “Operation Choke Point” Suit Allowed To Proceed

Ballard Spahr LLP on

In a June 2014 alert, we discussed Community Financial Services Association vs. Federal Deposit Insurance Corporation, a payday loan industry suit challenging on various grounds certain supervisory and interpretive statements...more

Ballard Spahr LLP

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

Ballard Spahr LLP on

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

Ballard Spahr LLP

Challenge to CFPB’s constitutionality reemerges

Ballard Spahr LLP on

The issue of the CFPB’s constitutionality reemerged last week in court and Congress. On the judicial front, the U.S. Court of Appeals for the D.C. Circuit, in State National Bank of Big Spring, Texas, et al. v. Lew, et al.,...more

Orrick - Finance 20/20

Repurchase Action Against Natixis Real Estate Holdings, LLC Survives Motion to Dismiss

Orrick - Finance 20/20 on

On July 1, Justice Marcy Friedman of the Supreme Court of New York for New York County denied Natixis Real Estate Holdings, LLC’s (“Natixis”) motion to dismiss a repurchase action brought by Wells Fargo Bank, N.A., and...more

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