rescission

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6675 Pietro Pasquale Antonio Sgromo v. Timothy Ryan, Judge, Superior Court of Arizona, Maricopa County, et al. Arizona 2024-02-06 Denied Response WaivedIFP civil-procedure contract-law discretion equity-principles judicial-discretion litigation public-policy rescission settlement-agreement settlement-agreements 1. Does public policy strongly favor settlement of disputes without litigation; or do Courts have discretion to not enforce settlement agreements? 2.…
23-800 Niki-Alexander Shetty, et al. v. Thomas Block, et al. Ninth Circuit 2024-01-24 Denied civil-procedure consumer-protection contract-law federal-courts rescission statute-of-limitations statutes-of-limitations statutory-construction tila-rescission truth-in-lending-act The Truth-in-Lending Act, 15 U.S.C. § 1635 (or "TILA"), requires that a borrower tell a lender within three years of her intent to rescind the loan. J…
23-265 Katie Sczesny, et al. v. Philip Murphy, Individually and in His Official Capacity as the Governor of New Jersey, et al. Third Circuit 2023-09-19 Denied Response Waived due-process employment employment-termination executive-order judicial-scrutiny mootness preliminary-injunction rescission vaccine-mandate 1. Whether an appeal from the denial of a preliminary injunction becomes moot when the challenged executive order required private employers to enact …
22-884 Merrick B. Garland, Attorney General v. Varinder Singh Ninth Circuit 2023-03-14 Judgment Issued Relisted (2) administrative-law due-process immigration-law in-absentia-order notice-requirement notice-requirements removal-proceeding removal-proceedings rescission statutory-interpretation Under 8 U.S.C. 1229a(b)(5), a noncitizen may be ordered removed in absentia when he "does not attend a [removal] proceeding" "after written notice req…
22-489 Kevin Charles Bertram v. U.S. Bank N.A., as Trustee Florida 2022-11-22 Denied consumer-protection creditor-notification lending-transaction notice-requirement rescission rescission-right right-to-rescind security-interest statute-of-limitations truth-in-lending-act The Truth in Lending Act provides that a borrower "shall have the right to rescind the transaction until midnight of the third business day following.…
19-6804 Michael Helms v. Wells Fargo Bank, N.A., et al. Ninth Circuit 2019-12-03 Denied Relisted (2)IFP civil-procedure due-process extinguishment foreclosure foreclosure-judgment rescission rescission-rights security-interest statute-of-limitations statutory-interpretation supreme-court-precedent truth-in-lending-act The Truth in Lending Act ('TELA "), 15 U.S.C. §§ 1601 et seq., provides special rescission rights for loans secured by a borrower's principal dwelling…
19-346 Andrzej Madura, et ux. v. BAC Home Loans Servicing, L.P., et al. Eleventh Circuit 2019-09-17 Denied Response Waived 15-usc-1635 due-process foreclosure mortgage-rescission non-purchase-money-mortgage rescission subject-matter-jurisdiction tila-disclosure truth-in-lending-act Whether, under the Truth in Lending Act and controlling case authority, the lender or creditor, after receipt of timely notice of rescission of a non-…
18-9702 Cathrin Funk-Vaughn v. Tennessee Department of Children's Services Tennessee 2019-06-18 Denied Response WaivedIFP agency-overreach child-custody child-jurisdiction child-removal diversion-plea document-fraud due-process evidence-suppression federal-funding first-amendment food-recall free-speech interstate-custody jurisdiction kidnapping law-enforcement parental-rights rescission unreasonable-search [III] Douse the Department of Children Services "AGENCY "haveany legal right to e a child from the parent / legal garden well the parent / legal garde…
18-8413 Francisco K. Avoki v. Carolinas Telco Federal Credit Union, et al. Fourth Circuit 2019-03-13 Denied Response WaivedIFP circuit-split civil-procedure civil-rights consumer-protection creditor-notification due-process rescission rescission-right standing statute-of-limitations statutory-interpretation three-year-period tila truth-in-lending-act truth-in-lending-act-tila Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by" [N]oti±ring the creditor" in writin…
18-7508 Patrick Brooks v. Pinnacle Financial Corporation, et al. Ninth Circuit 2019-01-18 Denied Response WaivedIFP civil-rights consumer-protection due-process foreclosure home-rescission jesinoski-v-countrywide-home-loans res-judicata rescission supreme-court-precedent truth-in-lending-act Whether, where the right to foreclose is extinguished as a matter of law by federal statute and as clarified in a unanimous Supreme Court decision, an…
18-6217 Colette Marquis v. Deutsche Bank National Trust Company, et al. Eleventh Circuit 2018-10-04 Denied Response WaivedIFP civil-procedure civil-rights court-jurisdiction due-process homeowner-rights lender-lawsuit notice-effectiveness rescission standing supreme-court-ruling tila tila-rescission The question presented in this appeal is NOT what lower courts have assumed, whether a TILA rescission such as Marquis' rescission of her mortgage loa…
18-244 Charles E. Woide, et ux. v. Federal National Mortgage Association Eleventh Circuit 2018-08-27 Denied bankruptcy bankruptcy-code-interpretation bankruptcy-procedure circuit-split consumer-protection consumer-rights consummation contractual-obligation creditor-defenses creditor-rights declaratory-relief notice-of-rescission regulation-z rescission rescission-notice statutory-interpretation truth-in-lending-act This Court often has emphasized the importance of statutory interpretation. But a significant split has developed among the Circuits as to whether and…