In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express consent to be contacted.
David Latner ("Latner") filed a putative class action against Mt. Sinai Health System, Inc. ("Mt. Sinai") and West Park Medical Group, P.C. ("WPMG") alleging that defendants violated § 227(b)(1)(A)(iii) of the TCPA by sending him a single flu shot reminder text. Defendants moved for judgment on the pleadings, and the district court granted their ...
It's hornbook law that a later intentional breach of contract, alone, doesn't equal promissory fraud.
Holding it therefore cannot establish mail or wire fraud, the Second Circuit reversed the Government's $1.2 Billion FIRREA judgment against Countrywide, Bank of America and others, with instructions to dismiss the case. The case started as a qui tam action alleging that Countrywide's "high-speed swim lane" process delivered substandard mortgage loans to GSEs (Fannie, Freddie) during performance of master mortgage-loan sales agreements ("MLSAs") executed earlier. The ...
In Wells Fargo Bank v. Lauri Mailloux, 2D14-5116 (Fla. 2d DCA October 30, 2015), the Second District Court of Appeal held that the inclusion of language purporting to render a notice of voluntary dismissal conditional upon an agreement between the parties which did not exist served to invalidate entirely the effect of the notice. Specifically, the Plaintiff is the case dismissed its foreclosure " expressly … conditional upon Plaintiff and the Defendants agreeing to pay their own attorneys' fees and costs." Unfortunately, as the Plaintiff stipulated for purposes of appeal, no ...
In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting various mortgage related information sent by her lawyer, the mortgagor's RESPA claim was properly dismissed on the basis that her lawyer's letters were not sent to CitiMortgage's designated QWR address. Accordingly, the requests were not QWRs under RESPA and did not trigger CitiMortgage's QWR duties under RESPA. In Roth, Defendant CitiMortgage Inc. serviced a second residential mortgage for Plaintiff Patricia Roth. Roth alleged ...
In Giovanniello v. ALM Media, LLC, No. 10-3854-CV, --- F.3d ---, 2013 WL 4016567 (2d Cir. Aug. 8, 2013), the Court of Appeals for the Second Circuit held that (1) the federal four-year statute of limitations applies to claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"); and (2) the tolling of the limitations period during the pendency of a putative class action ceases upon the initial denial of class status. In an earlier decision, the Second Circuit applied the state-law statute of limitations and affirmed the dismissal of the plaintiff's TCPA claim as ...