In this unpublished decision, the Fourth Circuit affirmed the dismissal of a putative class action brought by Paul French, who alleged that 21st Mortgage violated Maryland’s Credit Grantor Closed End Credit Provisions (“CLEC”) by retaining a 35% commission on force-placed insurance premiums. Although French paid only the regulator-approved insurance premium (with 21st Mortgage forwarding 65% to the underwriter), he argued the retained portion was an unlawful “fee” under Md. Code Ann., Com. Law § 12-1005(d)(1).
In this unpublished but instructive decision, the Fourth Circuit affirmed a Maryland district court’s denial of a motion to compel arbitration brought by Oliphant Financial, LLC and its collection law firm, Stillman P.C. The defendants sought arbitration in a putative class action brought by Thelma Roper alleging violations of federal and Maryland consumer protection statutes for suing consumers in state court after the statute of limitations had expired.
Tiber Creek Partners, a Virginia-based consulting firm, helped Ellume Ltd.—an Australian biotech company—and its U.S. subsidiary secure over $260 million in COVID testing contracts from Uncle Sam. When Ellume didn’t pay up, Tiber Creek sued in its home forum, the Eastern District of Virginia. But the district court dismissed the case on forum non conveniens grounds, and the Fourth Circuit just affirmed, sending the whole affair packing to Australia faster than you can sing “Waltzing Matilda.”
