Cunningham v. Nat'l City Bank, No. 09-1255
In plaintiffs' putative class action against defendant for breach of contract, violation of the Truth in Lending Act (TILA), and violation of the Massachusetts deceptive business practices law, district court's dismissal of the complaint is affirmed where: 1) defendant did not commit a breach as the unambiguous terms of the agreement permitted defendant to terminate the home equity line of credit; 2) plaintiffs' TILA claims as a matter of law as the unambiguous terms of the agreement did not create a grace period rendering otherwise later payments timely; and 3) plaintiffs have failed to state a 93A claim on which relief can be granted as they have alleged no unfair or deceptive conduct by the defendant.
Read Cunningham v. Nat'l City Bank, No. 09-1255
Appeal from the United States District Court for the District of Massachusetts
Decided November 25, 2009
Before: Boudin, Stahl and Lipez, Circuit Judges
Opinion by Stahl, Circuit Judge
For Appellant: Gregory B. Linkh, Jacqueline Sailer, David Pastor, and Gilman and Pastor, LLP
For Appellee: James W. McGarry, Brook L. Ames and Goodwin Procter LLP
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.