News & Events

News & Events

10.20.2015

Third Circuit Upholds Certification in Mortgage Loan Case

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Lane Powell Attorney Erin Wilson authored a September 10 American Bar Association (ABA) Section of Litigation Class Actions & Derivative Suits article titled “Third Circuit Upholds Certification in Mortgage Loan Case.” The article discussed In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, in which the U.S. Court of Appeals for the Third Circuit recently upheld on appeal the district court’s order certifying a nationwide litigation class of individuals who received mortgage loans from a financial institution whose interests were acquired by PNC Bank National Association.

On appeal, PNC made several arguments against certification, including (1) that there was a conflict undermining the adequacy of representation by class counsel; (2) that the district court erred in conditionally certifying the class; and (3) that the putative class did not meet the requirements of rule 23. The district court had previously certified a general class and five sub-classes.