BofA, Frenkel Lambert Escape Illegal Fees Suit For Now

Law360, New York (October 21, 2016, 3:49 PM EDT) -- A Florida federal judge on Thursday tossed a putative class action accusing Bank of America NA and law firm Frenkel Lambert Weiss Weisman & Gordon LLP of hitting homeowners facing foreclosure with illegal fees, saying it must be amended to fix the use of the same allegations in successive counts.

Observing that a district court “has the obligation to identify and dismiss a ‘shotgun’ pleading,” U.S. District Judge Darrin P. Gayles said that plaintiff Ignacio Paneque must correct his class action complaint to avoid incorporating by reference the allegations of preceding counts in the opening paragraphs of four different claims for...

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