Articles Posted in US Court of Appeals for the Eighth Circuit

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The Eighth Circuit affirmed the district court's grant of summary judgment for CIC on the Trust's claims for breach of contract, vexatious refusal, and declaratory judgment. The court held that the district court properly afforded the appraisal provision its plain meaning in determining it was unambiguous, enforceable, and did not abridge the Trust's rights under Missouri's vexatious refusal statute; the district court properly concluded CIC did not waive the appraisal provision; the Trust's contention that there was no basis for the district court to order appraisal of all covered damages, including replacement cost, was unfounded; the district court committed no error in finding the Trust's breach of contract claim failed as a matter of law; and the district court properly granted CIC summary judgment on the Trust's vexatious refusal claim. View "Olga Despotis Trust v. Cincinnati Insurance Co." on Justia Law

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After the City revoked his rental licenses, plaintiff filed suit alleging that the City violated 42 U.S.C. 1983 by subjecting plaintiff to the deprivation of his rights, privileges, or immunities under the Fourth and Fourteenth Amendments to the United States Constitution. The Eighth Circuit affirmed the district court's grant of the City's motion for summary judgment on the Fourth and Fourteenth Amendment claims. The court held that plaintiff had not demonstrated, as a matter of law, that the City violated his substantive-due-process rights under the Fourteenth Amendment. The court also held that the City's conduct was not arbitrary, oppressive, and shocking to the conscience, and there was no genuine dispute of material fact regarding whether the City violated plaintiff's Fourth Amendment rights. In this case, plaintiff did not have a reasonable expectation of privacy in the common spaces entered by the City's police officers, and any argument that the police officers may have physically intruded on constitutionally protected areas by trespassing in his buildings to search for incriminating evidence was waived. View "Azam v. City of Columbia Heights" on Justia Law

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Plaintiffs filed suit against several financial entities for foreclosing on a mortgage loan. The district court granted summary judgment for defendants. At issue were plaintiffs' claims under the Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. 407.020. The court affirmed and held that the foreclosure was justified because defendants had a right to foreclose on the house and thus the MMPA claim failed as a matter of law because the loss was not caused by any misconduct on behalf of defendants. Likewise, plaintiffs' tortious interference claim failed because the foreclosure was legal. View "Wheatley v. JP Morgan Chase Bank" on Justia Law

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Plaintiff filed suit against CitiMortgage in state court, seeking an order setting aside the deed from a foreclosure sale and enforcing a modified loan. Freddie Mac intervened. The district court held that plaintiff's claims were all time-barred by the applicable five-year statute of limitations and subsequently entered summary judgment to CitiMortgage. The Eighth Circuit reversed and held that the statute of limitations on plaintiff's claims only started running when a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages. In this case, by all indications, until plaintiff tried to sell the house, everything seemed to be in order with the title underlying his mortgage. View "White v. CitiMortgage, Inc." on Justia Law

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Plaintiffs filed suit under the Truth in Lending Act (TILA), 15 U.S.C. 1601-1667f, seeking to rescind their 2006 mortgage. Plaintiffs alleged that they did not receive sufficient copies of disclosures required by TILA at the December 2006 closing. The Eighth Circuit affirmed the district court's grant of summary judgment to the bank, holding that plaintiffs have not demonstrated a genuine issue of material fact regarding whether they received only one notice. The court explained that a borrower's own conclusory denial of receipt of TILA disclosures, unaccompanied by details or other evidence supporting the denial, was insufficient to rebut the presumption of delivery created by section 1635(c). Therefore, plaintiffs' three-day rescission window of section 1635(a) barred their request for rescission. The court also held that plaintiffs did not raise any specific objections to the accuracy of the disclosure statement during the first summary judgment proceedings. Therefore, the district court's finding was the law of the case and plaintiffs' allegations were waived. Even if the argument were not waived, plaintiffs cannot prevail because the alleged error was not a violation of TILA. View "Keiran v. Home Capital" on Justia Law