JGL Litigation Team Fights For 4,000 Borrowers Whose Mortgage Loans Were Tainted by Kickbacks

A federal district court in Cincinnati granted what is believed to be the first certification of a class action in a Real Estate Settlement Procedures Act case ever in the Sixth Circuit. In that court,  a team of JGL litigation attorneys and their co-counsel are advocating on behalf of borrowers whose mortgage loans are alleged to have  been negatively affected by a series of improper kickbacks. The kickbacks in question are claimed to have violated the Real Estate Settlement Procedures Act (RESPA) and were allegedly conducted by lenders and title companies including Genuine Title and Emery Federal Credit Union.  While this appears to be the first time a court in the Sixth Circuit has granted certification of a RESPA class action, the team did previously secure class certification of a related case in the Fourth Circuit last November.

In the 30-page opinion, the court deemed Emery’s arguments as “not persuasive” and sided with the plaintiffs at this stage of the litigation, allowing the case to move forward towards trial. The team representing the plaintiffs in this class action includes  Timothy Maloney, Veronica Nannis and Megan Benevento of JGL as well as Michael Paul Smith and Sarah Zadrozny of Smith, Gildea & Schmidt, assisted by local counsel from Cincinnati Gregory Utter.

To read the full opinion click here

Jay Holland Sat Down with Inside Counsel for Q&A on Racial Slur Ruling

August 15, 2017
Principal Jay Holland was recently quoted in an article by Inside Counsel on the new ruling regarding racial slurs and harassment. According to the Court of Appeals for the Third Circuit, a racial slur need be either severe or pervasive to qualify as harassment. This sets a groundbreaking precedent, as originally slurs had to be both severe and pervasive.

Holland who is chair of JGL’s Labor, Employment and Qui Tam Whistleblower Law Division, applied his expertise to the issue. He offers suggestions for employers on how to prevent harassment including leading by example and requiring employees attend anti-discrimination training. Click here for the full article.

 

Maloney Gets Pesticide Ban Overturned For Conflicting With Federal And State Regulations

The Montgomery County Circuit Court recently overturned the county ban on certain lawn pesticides. All the pesticides in question are approved by the federal government, and the ban would conflict with pre-existing federal and state regulations.

Timothy F. Maloney, attorney for the plaintiffs, called the ruling a “significant victory for consumer safety.” If the ban had not been overturned, it would set a legal precedent which could allow for all the nearly 200 jurisdictions in Maryland, to create their own pesticide regulations.

Source: The Washington Post

Click HERE for full article 

Timothy F. Maloney Spoke At The Maryland State Bar Association Annual Meeting

Principal Timothy F. Maloney was a featured speaker at several educational sessions this past week at the Maryland State Bar Association’s Annual Meeting.

TRUMPING HOME RULE – IS THE GENERAL ASSEMBLY TAKING BACK HOME RULE PIECE BY PIECE?  Maloney examined the purpose of Home Rule for counties and municipalities in Maryland and discussed some recent examples of the narrowing of Home Rule by the General Assembly and the Courts through express preemption, conflict preemption, and implied preemption.

SMALL FIRMS HANDLING CONSTITUTIONAL CLAIMS.  Maloney spoke alongside attorney Kathleen Cahill about constitutional torts, and its’ advantages and disadvantages. The session aimed to inform attending attorneys, as well as to open a debate on the topic.

LEGISLATIVE WRAP UP WITH TIM MALONEY. A classic, funny, and substantively compelling wrap up of current legislation and the impact on many practice areas. Everyone loved hearing Tim do his thing!

The annual meeting was held in Ocean City, MD and spanned the course of four days. The event also included a reception for new Maryland judges and several other educational sessions.