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Sovereign Immunity Student Loans

Orrick, Herrington & Sutcliffe LLP

Student lender petitions U.S. Supreme Court to review 10th Circuit’s “arm of the state” ruling

Recently, a petition for a writ of certiorari was presented to the U.S. Supreme Court by a Missouri-based student lender seeking review of a decision by the U.S. Court of Appeals for the Tenth Circuit that it does not qualify...more

McGlinchey Stafford

Third Circuit Rules the FCRA Waives U.S. Sovereign Immunity

McGlinchey Stafford on

On August 24, 2022, the U.S. Court of Appeals for the Third Circuit held that the plain text of the Fair Credit Reporting Act (FCRA) operates as a waiver of sovereign immunity, widening the circuit split on this issue. ...more

Nutter McClennen & Fish LLP

Public Entities Potentially Liable Under Chapter 93A

In a case concerning allegedly unfair student loan collection practices, Judge Salinger concluded that a Pennsylvania public corporation, the Pennsylvania Higher Education Assistance Agency (PHEAA), is a “person” potentially...more

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