STORY FROM: Reinsurance & Arbitration

Pa. Federal Judge Tosses RESPA Action Against Bank, Reinsurer, Says Claims Time-Barred

PITTSBURGH - A Pennsylvania federal judge has tossed a lawsuit accusing a bank and its captive reinsurer of violating the Real Estate Settlement Procedures Act by engaging in a kickback scheme involving private mortgage insurance, finding the claims are time-barred.

In a Jan. 19 order, Judge Mark R. Hornak of the U.S. District Court for the Western District of Pennsylvania found that with due diligence, the plaintiffs could have pursued their claims within RESPA's one-year statute of limitations. As such, the limitations period is not equitably tolled, the judge said.

In January 2012, Linda Menichino and 12 other named plaintiffs ...

Associated Law Firms
Berger & Montague
Kessler Topaz Meltzer & Check
Stephen J. O'Brien & Associates
Weiner Brodsky Kider

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