9th Circ. Reverses State Remand In BofA Borrower Action

Law360, Los Angeles (October 23, 2013, 9:20 PM ET) -- The Ninth Circuit on Wednesday reversed a district court's decision sending to state court a mass action against Bank of America NA and other lenders for allegedly using deceptive mortgage lending practices, ruling it belongs in federal court because the plaintiffs sought a single trial when they filed suit.

Circuit Judge Milan D. Smith, Jr., writing for a unanimous panel, said a ruling remanding the suit misinterpreted the Class Action Fairness Act, which gives federal jurisdiction to civil actions with 100 or more people seeking monetary...
To view the full article, take a free trial now.
Try Law360 for free for seven days
Already a subscriber? Click here to login

Already have access?

  1. Forgot your password?
  2. Sign In

Get instant access to the one-stop news source for business lawyers