3rd Circ. Grants New Trial In E-Trade TILA Suit

Law360, Chicago (August 16, 2011, 4:34 PM EDT) -- A Pennsylvania woman will get a new trial in her Truth In Lending Act suit against E-Trade Financial Corp. after the Third Circuit found Tuesday that a district court improperly instructed the first trial's jury.

In a precedential opinion, a three-judge panel concluded that certain jury instructions a Pennsylvania federal judge gave in Karen Cappuccio's suit accusing E-Trade of failing to properly notify her of her right to cancel her home mortgage lacked any basis in the TILA or the Federal Rules of Evidence.

Noting that...
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