Credit Cards and CashOn June 27, the United States Supreme Court declined to review the Second Circuit’s decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015).  By denying Midland Funding, LLC’s petition for a writ of certiorari, the Court allowed the Second Circuit’s decision to stand. The Second Circuit held that the National

Nevada Supreme Court Clarifies Limits to its SFR Investments DecisionIn September 2014, the Nevada Supreme Court, in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., held that a portion of a homeowners’ association (HOA) lien for delinquent assessments has true super-priority status over a first deed of trust, meaning that the foreclosure of that lien could extinguish the first deed of

Supreme Court Narrows Application of Implied Certification under the False Claims Act and Establishes a Demanding Materiality StandardThe Supreme Court’s decision in Universal Health Services v. United States ex rel. Escobar reframes when falsity may be implied under the False Claims Act (FCA) and raises the bar for materiality under the statute. Though the Court upholds the controversial theory of implied false certification, Escobar limits it to situations where both (1) a

Supreme Court Rejects “No Injury” Claims For Statutory DamagesMonday morning, the United States Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins (No. 13-1339), which addresses the question of whether a bare allegation of a statutory violation, unaccompanied by allegation of injury, is enough to satisfy Article III’s standing requirements and provide a federal court with subject-matter jurisdiction. The Court reversed