26 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,673 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,706 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Hunt v. Cromartie
526 U.S. 541 (1999) Cited 2,886 times 1 Legal Analyses
Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party
Ford Motor Credit Co. v. Milhollin
444 U.S. 555 (1980) Cited 833 times
Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational
Mourning v. Family Publications Service, Inc.
411 U.S. 356 (1973) Cited 812 times 2 Legal Analyses
Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"
Handy v. Anchor Mortg. Corp.
464 F.3d 760 (7th Cir. 2006) Cited 68 times
Holding that where a lender provided a borrower with a correct disclosure but also provided the borrower with an incorrect form, the disclosure was unclear
Barrett v. JP Morgan Chase Bank, N.A.
445 F.3d 874 (6th Cir. 2006) Cited 52 times
Holding that a failure "to make required material disclosures," including the disclosure of the right to rescind "are the types of disclosure errors that must be present to trigger the three-year right of rescission" under 1635(f)
Brown v. Marquette Sav. and Loan Ass'n
686 F.2d 608 (7th Cir. 1982) Cited 102 times
Holding that only one recovery per violation allowed under § 1640
Hamm v. Ameriquest Mortg
506 F.3d 525 (7th Cir. 2007) Cited 46 times
Holding that a materially identical disclosure statement did not use the terms or format required by TILA
Smith v. No. 2 Galesburg Crown Finance Corp.
615 F.2d 407 (7th Cir. 1980) Cited 97 times
Holding Section 1988 inapplicable to a claim under the Truth in Lending Act
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,402 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,812 times 52 Legal Analyses
Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
Section 1635 - Right of rescission as to certain transactions
15 U.S.C. § 1635 Cited 3,305 times 27 Legal Analyses
Granting consumers the right to rescind
Section 1602 - Definitions and rules of construction
15 U.S.C. § 1602 Cited 1,871 times 16 Legal Analyses
Granting Federal Reserve authority to issue rules to carry out the CARD Act
Section 1641 - Liability of assignees
15 U.S.C. § 1641 Cited 1,339 times 14 Legal Analyses
Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605
Section 1638 - Transactions other than under an open end credit plan
15 U.S.C. § 1638 Cited 1,183 times 4 Legal Analyses
Describing TILA’s disclosure requirements for consumer credit transactions
Section 226.23 - Right of rescission
12 C.F.R. § 226.23 Cited 1,216 times 3 Legal Analyses
Granting extended right to cancel to "consumers" in the event of nondisclosures
Section 226.18 - Content of disclosures
12 C.F.R. § 226.18 Cited 531 times
Listing the required disclosures for variable rate

In Re: "Ameriquest Mortgage Co., Mortgage Lending Practices Litigation"

26 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party

Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational

Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"

Holding that where a lender provided a borrower with a correct disclosure but also provided the borrower with an incorrect form, the disclosure was unclear

Holding that a failure "to make required material disclosures," including the disclosure of the right to rescind "are the types of disclosure errors that must be present to trigger the three-year right of rescission" under 1635(f)

Holding that only one recovery per violation allowed under § 1640

Holding that a materially identical disclosure statement did not use the terms or format required by TILA

Holding Section 1988 inapplicable to a claim under the Truth in Lending Act

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Granting consumers the right to rescind

Granting Federal Reserve authority to issue rules to carry out the CARD Act

Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

Describing TILA’s disclosure requirements for consumer credit transactions

Granting extended right to cancel to "consumers" in the event of nondisclosures

Listing the required disclosures for variable rate