California Case Summaries

Banking & Finance

Primary practice area

Ninth Circuit Court of Appeals, Banking & Finance, Collections & Creditor Rights, Litigation

Srinivasan v. Milestone Financial, LLC — Chapter 13 debtors had an absolute right to voluntary dismissal under § 1307(b), but the one-year refiling bar imposed under § 105(a) and authorized by § 349(a) was affirmed

The Ninth Circuit reversed a bankruptcy court's dismissal of Chapter 13 cases for failure to comply with an order because the debtors had an absolute statutory right to voluntary dismissal under § 1307(b), but affirmed the one-year refiling bars that the bankruptcy court imposed for cause under § 105(a) as authorized by § 349(a).

2nd District Court of Appeal, Banking & Finance, Estate Planning, Probate and Tax Law, Personal Injury & Tort

DeVone v. Morgan Stanley & Co. LLC — Elder-Abuse and Broader Fiduciary-Duty Theories Must Go to a Jury

The Second District reversed most of the judgment. Once a claim is timely under California’s delayed-discovery rule, the limitations period ordinarily determines whether the action may proceed; it does not automatically erase damages from earlier conduct that forms part of the ti

Ninth Circuit Court of Appeals, Banking & Finance, Civil Procedure, Litigation

Relator LLC v. Erskine — Ninth Circuit Revives PPP Fraud Whistleblower Suit, Holds Mortgage Company’s Own Website Is Not “News Media” Under False Claims Act

The Ninth Circuit reversed dismissal of a False Claims Act qui tam suit alleging PPP fraud by a California mortgage company, holding that a NAICS industry code alone does not publicly disclose fraud and that a company's own website does not qualify as 'news media' for purposes of the Act's public disclosure bar.

Ninth Circuit Court of Appeals, Administrative Law, Banking & Finance, Constitutional Law

Novedades y Servicios v. FinCEN — Ninth Circuit Upholds Block on Treasury’s Sweeping Southwest Border Cash-Reporting Order

The Ninth Circuit affirms a preliminary injunction blocking FinCEN’s “Border GTO” — which required money services businesses in 30 southwest border ZIP codes to file cash-transaction reports for amounts as low as $200 — finding the order was likely a rule requiring notice-and-comment rulemaking and that it was adopted in an arbitrary and capricious manner.

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