Monday, February 25, 2013

Tenth Circuit -- Berneike v. CitiMortgage, Inc.

No error in District Court considering papers outside pleadings as the relevant data was included in papers incorporated into the pleadings.

Chevron deference to Agency rule requiring borrower complaints to go to a certain address.

State law claim properly dismissed, as there are better remedies and the statute's reach is unclear.  This discernible from state Supreme Court holdings, so no preemption issue.

No error in denial of leave to amend, as party did not provide the gist/drift of potential amendments to the claim.

Berneike v. CitiMortgage, Inc.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.