Pa. Federal Judge Dismisses Mortgage Reinsurance Class Action Against Fifth Third Bank

PITTSBURGH — A Pennsylvania federal judge has dismissed as untimely a class action accusing Fifth Third Bank of engaging in a mortgage reinsurance kickback scheme, finding the Real Estate Settlement Practices Act’s one-year statute of limitations was not equitably tolled.

On July 19, Judge Mark R. Hornak of the U.S. District Court for the Western District of Pennsylvania found the plaintiffs did not adequately plead how they became aware of the alleged fraud and why they could not have discovered the possible existence of their claims before the limitation period expired.

On April 5, 2012, Christopher Manners brought a putative …