9th Circ. Reverses State Remand In BofA Borrower Action
By Michael Lipkin
Law360, Los Angeles (October 23, 2013, 9:20 PM EDT) -- 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...