Financial Services Litigation
Kabat Chapman & Ozmer’s attorneys have significant experience handling all types of financial services litigation, having successfully litigated over 100 lawsuits on behalf of our financial services clients. These lawsuits run the gamut from representing private lenders in “bet the company” litigation to defending debt collection companies in class action litigation. We have also defended numerous national banks and mortgage servicers against a vast array of consumer claims in both single-plaintiff and class action lawsuits. Claims we have successfully defeated on dispositive motions in these cases include fraud, breach of contract and numerous federal and state statutes, such as the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, and the Truth in Lending Act. We have represented clients in these lawsuits in multiple jurisdictions, including notoriously consumer-friendly jurisdictions such as California and Florida.
Representative Financial Services Litigation Matters
- Retained by large financial institution to handle appeal involving certified question of great public importance before Florida Supreme Court. Prevailed on appeal, and published opinion set standard applicable to motions to vacate judicial foreclosure sales in the State of Florida.
- Obtained summary judgment in Fortune 50 bank’s favor on all counts in lawsuit seeking millions of dollars in damages for alleged violations of Department of Housing and Urban Development regulations. After oral argument, U.S. Court of Appeals for the Eleventh Circuit affirmed in published opinion that contains favorable rulings on multiple issues of first impression.
- After prevailing on motion to disqualify opposing counsel and handling significant evidentiary hearing, obtained nationwide preliminary injunctive relief in action between industry-leading private loan companies, enjoining various types of unfair competition and illegal business practices.
- Hired by national mortgage servicer facing res judicata issues as result of former counsel’s loss before North Carolina Court of Appeals. After re-filing action in federal court and obtaining sanctions award against opposing counsel, forced favorable settlement that eliminated res judicata issues.
- Obtained complete dismissal of all claims with prejudice in federal district court on motion to dismiss ten million-dollar breach-of-contract action against bank client. Handled appeal to U.S. Court of Appeals for the Eleventh Circuit where we obtained settlement for client during Eleventh Circuit mediation that resulted in dismissal of appeal without any payment by client.
- Represented financial institution in three related cases in federal courts in New York and Georgia, and state court in California. Obtained summary judgment in favor of client and defeated cross-motion for summary judgment filed against client based on fraud, usury and breach of contract in federal court proceedings in Georgia. This decision was affirmed by the United States Court of Appeals for the Eleventh Circuit.
- Defended client against putative class action under the Georgia Debt Adjustment Act. Removed case to federal court and, before class-certification stage, obtained dismissal of all claims.
- Defended mortgage servicer and bank clients against vast array of claims, including claims brought under TILA, RESPA, and FDCPA, and under common-law theories including breach of contract and fraud. In nearly all cases obtained dismissal on dispositive motion, judgment in client’s favor, or favorable settlement.