Martin C. Bryce, Jr.

• MB Fin. Bank v. Rao, 2018 Pa. Super. LEXIS 1391 (Pa. Super. Dec. 24, 2018) (reversing trial court decision in favor of borrower and ruling lost note affidavit admissible)
• Simmsparris v. Countrywide Home Loans, Inc., 652 F.3d 355 (3d Cir. 2011) (resolving issue of first impression and affirming grant of summary judgment with respect to Fair Credit Reporting Act (FCRA) claim arising out of credit reporting on mortgage loan)
• MidFirst Bank v. Biller, No. 13-10-13, 2010 WL 5060629 (Ohio App. 2010) (affirming decision denying class certification where trial court would have had to consider oral agreements to pay counsel fees and the parol evidence rule did not bar such consideration)
• Jones v. ABN Amro Mortgage Group, 606 F.3d 119 (3d Cir. 2010) (argued appeal on behalf of more than a dozen banks and servicers and the Third Circuit affirmed the dismissal of the plaintiffs’ class action complaint with prejudice)
• St. Hill v. Tribeca Lending Corp., No. 09-2367, 2010 WL 4997724 (3d Cir. 2010) (reversing trial court decision and holding that TILA did not apply to refinance loan although majority of the loan proceeds were used to refinance personal loans where the borrower testified that the primary purpose of the loan was to refinance business loans)
• Parker v. Federal Deposit Insurance Corp., __ F.3d __, 2011 WL 4640867 (3d Cir. Oct. 7, 2011) (affirming judgment after trial and rejecting plaintiff's TILA and state law claims concerning mortgage refinancing)
• Siffel v. NMF, Inc., No. 09-3850, 2010 WL 2747476 (3d Cir. July 13, 2010) (affirming entry of summary judgment on TILA and Equal Credit Opportunity Act claims)
• Milligan, et al. v. Chevy Chase Bank, et al., No. ESX-L-2539-00 (N.J. Essex Co. Law Div. Nov. 4, 2009) (denying class certification of Consumer Fraud Act and other state law claims in case challenging financing of home improvement contracts)
• Devine v. Countrywide Home Loans, Inc., 2008 WL 4367489 (E.D. Pa. 2008) (granting summary judgment in favor of lender with respect to a number of the plaintiffs' claims asserting violations of TILA and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection)
• US Bank v. Devine, No. 07-5038 (Del. Co. C.P. Pa.) (after trial, $2.7 million foreclosure verdict)

Credit Card-Related Litigation

• Strubel v. Comenity Bank, 842 F.3d 181 (2d Cir. 2016) (resolving issue of first impression under the TILA and also issues of first impression concerning standing to bring suit in federal court)
• Gordon v. Kohl's Department Stores, Inc., 2017 WL 3390269 (E.D. Pa. Aug. 7, 2017) (granting summary judgment with respect to claims in which plaintiffs sought tens of millions of dollars in damages in this putative class action)
• Burrell v. DFS Services, LLC, 2010 WL 4926704 (D.N.J. Dec. 6, 2010) (harmonizing apparently conflicting FCRA preemption provisions and dismissing state law claims as preempted by the FCRA)
• Peoples v. Discover Fin. Serv., 2010 WL 2812906 (3d Cir. July 19, 2010) (affirming entry of summary judgment on Americans with Disabilities Act and state law claims arising from plaintiff's alleged use of a credit card to pay a prostitute)
• Reyes v. World Fin. Network Bank, 2011 WL 6101910 (D.N.J. Dec. 7, 2011) (dismissing federal Fair Debt Collection Practices Act and invasion of privacy claims premised upon collection calls)

Significant Decisions Enforcing Arbitration Provisions

• Checking Account Overdraft Litig. v. Huntington Bancshares Inc., 734 F. Supp. 2d 1294 (S.D. Fla. 2010) (in MDL challenging overdraft fees, the Court granted only one motion to compel arbitration which Marty had filed and argued)
• Banks v. Barclays Bank Credit Servs., 2018 U.S. Dist. LEXIS 186588 (M.D. Pa. Oct. 30, 2018) (compelling arbitration)
• Gedid v. Huntington Nat'l Bank, 2012 U.S. Dist. LEXIS 27715 (W.D. Pa. Feb. 10, 2012) (granting motion to compel arbitration)
• Credit Acceptance Corp. v. Fortenberry, __ F.3d __, 2011 WL 6181914 (5th Cir. Dec. 13, 2011) (reversing district court order declining to compel arbitration and abstaining in favor of state court action)
• Delta Funding Corp. v. Harris, 189 N.J. 28, 912 A.2d 104 (2006) (enforcing class action waiver)
• Discover Bank v. Vaden, 489 F.3d 594 (4th Cir. 2007) (finding federal jurisdiction and enforcing class action waiver)
• Harris v. Green Tree Fin. Corp., 183 F.3d 173 (3d Cir. 1999) (enforcing class action waiver)
• Arriaga v. Cross Country Bank, 163 F. Supp.2d 1189 (S.D. Cal. 2001) (finding contrary state law preempted and enforcing class action waiver)

Class and Commercial Actions

• Gardner v. GMAC, Inc., 796 F.3d 390 (4^th Cir. 2015) (affirming summary judgment in class action arising out of auto-repossession notices)
• Vallies v. Sky Bank, 591 F.3d 152 (3d Cir. 2009) (resolving issue of first impression and affirming grant of summary judgment on TILA actual damages claim concluding that a plaintiff must plead and prove detrimental reliance in order to recover actual damages under TILA)
• In re MasterCard International, Inc., Internet Gambling Litig., 313 F.3d 257 (5th Cir. 2002) (affirming dismissal of class action complaint)
• Hawthorne v. Am. Mort., Inc., 489 F. Supp.2d 480 (E.D. Pa. 2007) (finding mortgage broker not an agent of lender and granting summary judgment)
• Purdie v. Ace Cash Express, Inc., 2002 WL 31730967 (N.D. Tex. 2002) (dismissing class action complaint)
• Cuker v. Mikalauskas, 547 Pa. 600, 692 A.2d 1042 (1997) (holding that business judgment rule recognized by Pennsylvania law)