Marc James Ayers

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Marc James Ayers represents individual, corporate and governmental clients before state and federal appellate and trial courts. Marc is listed in Best Lawyers in America in the field of Appellate Law, and has handled numerous appeals in the U.S. Courts of Appeals, the Alabama Supreme Court, the Alabama Court of Civil Appeals, and other state appellate courts. He has also represented clients on petitions for certiorari and amicus curiae briefs to the U.S. Supreme Court. He is a member of Bradley Arant Boult Cummings LLP’s Appellate Litigation Group. View articles by Marc

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CFPB’s Effort to Axe Class Waivers Gets Axed by the Senate

By the hair of its chinny chin chin, the Senate voted on Tuesday to nullify the CFPB’s previously announced final rule that would have prohibited banks, credit card companies, and other financial service entities from utilizing arbitration agreements to block or limit class action suits by consumers. The vote took place pursuant to the Congressional Review Act, … Continue Reading

Big Win for Servicers and Lenders of Fannie and Freddie Owned Loans against Nevada HOA Foreclosures

Today, the U.S. Court of Appeals for the Ninth Circuit issued a significant decision in favor of lenders and mortgage servicers fighting off claims that their mortgage liens were extinguished by Nevada homeowners associations’ foreclosures from 2010 to 2014. In Berezovsky v. Moniz, the court held that the Federal Foreclosure Bar found in the Housing … Continue Reading

Can the CFPB Really Prohibit Pre-Dispute Arbitration Agreements?

Section 1028 of the Dodd-Frank Act, entitled “Authority to Restrict Mandatory Pre-Dispute Arbitration,” gives the CFPB the authority to promulgate regulations imposing conditions, limitations, or outright prohibitions on mandatory pre-dispute arbitration agreements relating to “consumer financial products or services. However, can Congress truly give the CFPB this authority? Under Section 1028(a), the CFPB must first … Continue Reading
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