People of the State of New York v. JPMorgan Chase N.A., No. 2768/2012 (N.Y. Sup. Ct.) (2012) Defended MERSCORP, Inc., n/k/a MERSCORP Holdings, Inc. (“MERSCORP”), and its wholly-owned subsidiary, Mortgage Electronic Registration Systems, Inc. (“MERS”), in an enforcement action by the New York Attorney General asserting claims against MERSCORP, MERS and residential mortgage lenders and servicers JPMorgan Chase Bank, Chase Home Finance, LLC, Bank of America, N.A., Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc. and EMC Mortgage Corporation, for deceptive business practices under New York’s General Business Law § 349 and Executive Law § 63. The case is pending before the Supreme Court of the State of New York in Kings County.
State of Delaware v. MERSCORP, Inc., No. 6987-CS (Del. Ch. 2012) Defended MERSCORP and MERS in an enforcement action by the Delaware Attorney General, who brought suit under the Delaware Deceptive Trade Practices Act, alleging wrongful conduct in the residential mortgage loan industry. After the Defendants moved to dismiss the Attorney General’s complaint, the parties reached a settlement and the case was dismissed.
In re Mortgage Elec. Registration Systems (MERS) Litigation, No. 2:09-md-02119-JAT, 2012 WL 1931365 (D. Ariz. May 25, 2012), 2012 WL 1912133 (D. Ariz. May 25, 2012), 2012 WL 1931522 (D. Ariz. May 25, 2012), 2012 WL 1906503 (D. Ariz. May 25, 2012), 2011 WL 4550189 (D. Ariz. Oct. 3, 2011), Represented Defendants MERSCORP and MERS, at the trial court and on appeal, in a multi-district litigation consisting of 93 actions, including 10 class actions, related to the formation and operation of MERS. The actions transferred to the MDL were filed in Arizona, Nevada, California, South Carolina, Oregon, Hawaii and Georgia, and asserted various statutory and common law claims arising from alleged deceptive trade practices and fraud in the residential mortgage loan industry, and wrongful foreclosures. Obtained dismissals with prejudice of all 93 actions. Appeals are pending before the Ninth Circuit Court of Appeals.
SunGard Public Sector Inc. v. Innoprise Software, Inc., No. 6:10-cv-1815-Orl-19GJK (M.D. Fla.) (2012), Represented the Plaintiff, SunGard Public Sector Inc., in a suit against a competitor, its shareholders and its Canadian successor-in-interest, for violations of the Federal Copyright Act, the Lanham Act and the Uniform Fraudulent Transfers Act, arising from the unauthorized use of SunGard Public Sector’s proprietary software source code and deceptive solicitations of SunGard Public Sector’s customers. Counterclaims were asserted for tortious interference and defamation. Obtained a dismissal of the counterclaims, and after the Defendants’ motions to dismiss were denied, the parties reached a settlement for monetary damages and a permanent injunction.
Cervantes v. Countrywide Home Loans, Inc., 2009 WL 3157160 (D. Ariz. 2009), affirmed, 615 F.3d 1034 (9th Cir. 2011), Represented Defendants MERSCORP and MERS, at the trial court and on appeal, in a class action brought by residential mortgage loan borrowers against more than 20 so-called “co-conspirator” Defendants, who were mostly mortgage lenders and servicers, asserting statutory claims under RESPA, TILA and HOEPA, as well as common law claims for fraud, civil conspiracy and wrongful foreclosure. Obtained a dismissal with prejudice, which was affirmed by the Ninth Circuit Court of Appeals.
Jenkins v. McCalla Raymer, LLC, No. 10–cv–03732–CAP (N.D. Ga. 2011), affirmed, 492 Fed.Appx. 968 (11th Cir. 2012), Represented Defendants MERSCORP and MERS, at the trial court and on appeal, in a class action asserting claims for violation of the FDCPA, RESPA, and federal RICO statutes, along with claims for notary fraud, wrongful foreclosure, negligence and conversion. Obtained a dismissal with prejudice, which was affirmed by the Eleventh Circuit Court of Appeals.
Steed v. EverHome Mortgage Company, No. 1:08-CV-595-CAP (N.D. Ga. 2011), affirmed, 477 Fed.Appx. 722 (11th Cir. 2012), Represented MERSCORP and MERS, at the trial court and on appeal, in an action by a residential mortgage loan borrower asserting claims for breach of contract, breach of the duty of good faith and fair dealing, fraud, civil conspiracy, negligent commencement of foreclosures and wrongful foreclosure, as well as violations of federal and state RICO statutes, the Georgia Fair Business Practices Act, the Georgia Fair Housing Act, and the Civil Rights Act of 1968. Obtained an order granting summary judgment to MERSCORP and MERS, which was affirmed by the Eleventh Circuit Court of Appeals.
Perlas v. Mortgage Electronic Registration Systems, Inc., No. 3:09-cv-04500-CRB, 2010 WL 3079262 (N.D. Cal. Aug. 6, 2010), Represented Defendants MERSCORP and MERS in a class action brought by residential mortgage loan borrowers in the United States District Court for the Northern District of California, asserting statutory claims under California’s Business and Professions Code § 17200 et seq. and Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq., in addition to common law claims for fraud and misrepresentation. Obtained a dismissal with prejudice.
Cardinal Commercial Development, LLC v. Pan American West, Ltd., 50 So. 3d 68 (Fla. 3d DCA 2010), Represented the Plaintiff, Cardinal Commercial Development, LLC, at the trial court and on appeal, in a commercial real estate dispute over land use provisions in a purchase agreement for the development of land in an industrial park. Obtained an order granting summary judgment to Cardinal and an award of damages in excess of $1 million, as well as attorneys’ fees and costs. The trial court’s judgment in Cardinal’s favor was affirmed by the Florida Third District Court of Appeals.