Legal Opinion
Andrews v. Chevy Chase Bank
Court of Appeals for the Seventh Circuit
Decided September 24, 2008No. 07-1326PublishedCited by 64 opinions
1Opinion of the Court
SYKES, Circuit Judge.
In this interlocutory appeal, we are called on to answer one question: May a class action be certified for claims seeking the remedy of rescission under the Truth in Lending Act (“TILA”), 15 U.S.C. § 1635? The only two federal appellate courts to have addressed this question have answered “no,” see McKenna v. First Horizon Home Loan Corp., 475 F.3d 418 (1st Cir.2007); James v. Home Constr. Co. of Mobile, Inc., 621 F.2d 727 (5th Cir. 1980), and we agree. TILA’s statutory-damages remedy, § 1640(a)(2), specifically references class actions (by providing a damages cap), but…
2Cases cited16 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Califano v. YamasakiSupreme Court of the United States · 1979
- Mace v. Van Ru Credit Corp.Court of Appeals for the Seventh Circuit · 1997
- Bates v. United StatesSupreme Court of the United States · 1997
- In the Matter of Mexico Money Transfer LitigationCourt of Appeals for the Seventh Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Messner v. Northshore University HealthSystemCourt of Appeals for the Seventh Circuit · 2012
- Puffer v. Allstate InsuranceCourt of Appeals for the Seventh Circuit · 2012
- Jamie S. v. Milwaukee Public SchoolsCourt of Appeals for the Seventh Circuit · 2012
- Yokoyama v. Midland National Life InsuranceCourt of Appeals for the Ninth Circuit · 2010
- Alvarez v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2010
59 more not listed; retrieve them via the Exa API.