Photo of Michael Bentley

In his appellate practice, Michael Bentley advises clients on trial and appeal strategy, drafts and argues critical trial motions, and handles all aspects of an appeal – from briefing through oral argument. He has litigated appeals of all varieties in state and federal court and has served as appellate counsel at trial for significant litigation matters. His commercial litigation experience ranges from contract and commercial lease disputes to housing-discrimination claims, whistleblower suits, tort claims, and tax protests.

U.S. Fifth Circuit Rejects “Vicarious Liability” Theory under RESPAThe Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605, regulates loan servicers and makes servicers liable for violations of and consumer-protection regulations promulgated under the act. In many cases, plaintiffs seek to hold banks and mortgage owners—so called “principals”—vicariously liable for a servicer’s violations of RESPA. That theory has met with some success