Non-Ordinary Course of Business Litigation Sample Clauses

Non-Ordinary Course of Business Litigation. Case Title Court Case Number Nature of Action Description of Claims Date Served United States of America vs. Quicken Loans Inc. XX Xxxxxxxx Xxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 16-cv-14050 False Claims Act The U.S. claims that QL violated the False Claims Act by falsely certifying that FHA loans made by Quicken Loans met FHA underwritingrequirements. 4/23/2015 Xxxx Xxxxxx vs. Quicken Loans Inc. XX Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxx 15-cv-81386 TCPA Putative class action alleges violations of the Telephone Consumer Protection Act by claiming QL used prerecorded voice messaging and automatic dialers for marketing purposes on cell phones without consent. 10/8/2015 Residential Funding Company vs. Quicken Loans Inc., et al. District Court, Hennepin County, Minnesota 14-cv-3111 Breach of Contract Plaintiff asserts claims for repurchase or indemnification based on origination and underwriting errors. 12/16/2013 Case Title Court Case Number Nature of Action Description of Claims Date Served Deutsche Bank National Trust Company, solely as Trustee of the Harborview Mortgage Loan Trust (2007-7) vs. Quicken Loans Inc. Supreme Court, New York County New York, 13-653048 Breach of Contract Plaintiff-trustee, on behalf of Xxxxxxx Mac, claims that Quicken Loans breached a contract to sell loans consistent with certain representations and warranties and failed to repurchase loans when required. * Notice of Appeal filed by Plaintiff, Deutsche Bank National Trust Company. 8/30/2013 Xxxxxxx Xxxx, et al. vs. Quicken Loans Inc., et al. XX Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx, Xxxx Xxxxxxxx 11-c-428 Lender Liability Class action lawsuit alleging violation of state consumer protection statutes for providing homeowner’s estimated values to appraisers. 6/25/2012 Xxxxxx Xxxx vs. Quicken Loans United States District Court Middle District of Florida 8:16-cv-02605- SDM-TBM Lender Liability Putative class action alleges violations of the Telephone Consumer Protection Act by claiming: (a) QL called her, without express consent, on her landline using a prerecorded message; (b) QL called her, without express consent, even though her number was on the national DNC list; (c) QL called her without having procedures in place for maintaining an internal DNC list; and (d) QL failed to timely opt her out. 9/8/2016 Re/Max, LLC vs. Quicken Loans Inc. XX Xxxxxxxx Xxxxx, Xxxxxxxx 00-XX-00000 CMA- Breach of Contract Breach of contract claim alleging that RE/MAX fulfilled their duties under the terms ...
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Non-Ordinary Course of Business Litigation. Case Nature of Date Case Title Court Number Action Description of Claims Served Xxxx Xxxxx v. Quicken Loans Inc., et al United States District Court, Eastern District of Michigan, Detroit Division 04-cv- 40346 Employment Claim Suit by former employee for overtime pay under the Fair Labor Standards Act. Jury verdict For Quicken Loans on all counts and claims. Plaintiffs’ Motion for New Trial was denied. Plaintiffs’ appealed September 2, 2011. 6/10/2004 Xxxx X. Xxxxx v, Quicken Loans Inc., et al United States District Court, Eastern District of Michigan 10-cv- 11928 Employment Claim Suit by former employee for overtime pay under the Fair Labor Standards Act. 5/13/2010 Xxxxxx Xxxxxx v. Quicken Loans Inc., et al. United States District Court, Eastern District of Michigan, Detroit Division 07-cv- 10981 Employment Claim Suit by former employee for overtime pay under the Fair Labor Standards Act. 3/7/2007 Xxxxxx Xxxxxxxx v. Rock Financial, et al United States District Court, Eastern District of 07- 10558 Employment Claim Suit by former employee for overtime pay under the Fair Labor Standards Act. 2/6/2007 Michigan, Detroit Division Radian Guaranty Inc. v. Quicken Loans Inc. United Xxxxxx Xxxxxxxx Xxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxxxxxx 00-0000 Complaint for Declaratory Judgment Plaintiff seeks a declaration from the court of its contractual right to rescind certain certificates for mortgage insurance coverage purchased by Defendant. Defendant filed Motion to Dismiss 8/2/2011 Xxxxxxx X. Xxxxxxxxx, individually and on behalf of all others similarly situated v Quicken Loans Inc., MERS, BAC Home Loans, et al United States District Court, District of South Carolina, Charleston Division 11-cv- 02367 Class Action for Injunctive and Declaratory Relief Plaintiff alleges Quicken Loans’ loan closing practices in the slate of South Carolina are conducted improperly and violate state law. 8/12/2011 Xxxxxx Xxxxxx vs. Quicken Loans United States District Court, Northern District of West Virginia, Martinsburg Division 3:12-cv- 24 Class Action Complaint and Declaratory Relief Class notion complaint alleging credit score disclosures were not provided to plaintiff as soon as reasonably practicable. 4/4/2012
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Non-Ordinary Course of Business Litigation. Nature of Date Case Title Court Case Number Action Description of Claims Served Xxxxxxx Xxxx, et al. v. Quicken Loans Inc., et al. US Court of Appeals for the Fourth Circuit 11-c-428 Lender Liability Class action lawsuit alleging violation of state consumer protection statutes for including homeowner’s estimated home values on appraisal order forms. 6/25/2012
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Non-Ordinary Course of Business Litigation. Case Title Court Case Number Nature of Action Description of Claims Date Served Xxxxxxx Xxxx, et al. vs. Quicken Loans Inc., etal. US Court of Appeals for the Fourth Circuit 11-c-428 Lender Liability Class action lawsuit alleging violation of state consumer protection statutes for providing homeowner’s estimated values to appraisers. 6/25/2012 Xxxx Xxxxxxx vs. Quicken Loans Inc., et al. US District Court for the District of Oregon 3:17-cv-01840 Consumer Protection Putative class action alleges violations of the Telephone Consumer Protection Act by claiming, among other things, that: (a) QL called him, without express consent, even though his number was on the national DNC list; and (b) QL called him without having the proper procedures in place for maintaining an internal do not call list. 11/29/2017 Schedule 12(c)-1 HouseCanary, Inc. vs.Quicken Loans Inc., One Reverse Mortgage, LLC, and In-House Realty LLC XX Xxxxxxxx Xxxxx xxxxxx Xxxxxxxx Xxxxxxxx xx Xxxxxxxxxx 3:18-cv-01672 Intellectual Property Lawsuit alleging that Quicken Loans (and the other defendants) have misappropriated HouseCanary’s trade secret information and used the purported trade secrets to their advantage. 3/21/2018
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Non-Ordinary Course of Business Litigation. Case Title Court Case Number Nature of Action Description of Claims Date Xxxxxxx Xxxx, et al. vs. Quicken Loans Inc., et al. XX Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx, Xxxx Xxxxxxxx 11-c-428 Lender Liability Class action lawsuit alleging violation of state consumer protection statutes for providing homeowner’s estimated values to appraisers. 6/25/2012 Xxxx Xxxxxxx vs. Quicken Loans Inc., et al. XX Xxxxxxxx Xxxxx, Xxxxxxxx xx Xxxxxx 3:17-cv-01840 Consumer Protection Putative class action alleges violations of the Telephone Consumer Protection Act by claiming, among other things, that: (a) QL called him, without express consent, even though his number was on the national DNC list; and (b) QL called him without having the proper procedures in place for maintaining an internal do not call list. 11/29/2017
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Non-Ordinary Course of Business Litigation. Case Title Court Case Number Nature of Action Description of Claims Date Served Xxxxxxx Xxxx, et al. vs. Quicken Loans Inc., et al. US Court of Appeals for the Fourth Circuit 11-c-428 Lender Liability Class action lawsuit alleging violation of state consumer protection statutes for providing homeowner’s estimated values to appraisers. 6/25/2012 Xxxx Xxxxxxx vs. Quicken Loans Inc., et al. US District Court for the District of Oregon 3:17-cv-01840 Consumer Protection Putative class action alleges violations of the Telephone Consumer Protection Act by claiming, among other things, that: (a) QL called him, without express consent, even though his number was on the national DNC list; and (b) QL called him without having the proper procedures in place for maintaining an internal do not call list. 11/29/2017 HouseCanary, Inc. vs. Quicken Loans Inc., One Reverse Mortgage, LLC, and In-House Realty LLC US District Court for the Northern District of California 3:18-cv-01672 Intellectual Property Lawsuit alleging that Quicken Loans (and the other defendants) have misappropriated HouseCanary’s trade secret information and used the purported trade secrets to their advantage. 3/21/2018
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Non-Ordinary Course of Business Litigation. Case Title Court Case Number Nature of Action Description of Claims Date Served Xxxxxxx Xxxx, et al. v. Quicken Loans Inc., et al. US Court of Appeals for the Fourth Circuit 11-c-428 Lender Liability Class action lawsuit alleging violation of state consumer protection statutes for including the homeowners’ estimated home values on appraisal order forms. 06/25/2012 Xxxx Xxxxxxx v. Quicken Loans Inc., et al. US District Court for the District of Oregon 3:17-cv-01840 Consumer Protection Putative class action alleges violations of the Telephone Consumer Protection Act by claiming, among other things, that: (a) QL called him, without express consent, even though his number was on the national DNC list; and (b) QL called him without having the proper procedures in place for maintaining an internal do not call list. 11/29/2017 Uzezi Ajomale v. Quicken Loans, Inc. and Corelogic Credco, LLC US Court of Appeals for the Eleventh Circuit 20-12952 Fair Credit Reporting Act Putative class action alleging Quicken Loans failed to provide plaintiff (and a class of others) with a credit score disclosure notice as required by the Fair Credit Reporting Act. * This case was dismissed (in QL’s 12/15/2017 Page 2 of 3 favor) and is now on appeal. HouseCanary, Inc. v. Quicken Loans Inc., One Reverse Mortgage, LLC, and In-House Realty LLC US District Court for the Western District of Texas, San Antonio Division 5:18-cv-00519 Intellectual Property Lawsuit alleging that Quicken Loans (and the other defendants) misappropriated HouseCanary’s trade secret information and used the purported trade secrets to their advantage. 03/21/2018
Sample 1
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Non-Ordinary Course of Business Litigation. Case Title Court Case Number Nature of Action Description of Claims Date Served United States of America vs. Quicken Loans Inc. XX Xxxxxxxx Xxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx 16-cv-14050 False Claims Act The U.S. claims that QL violated the False Claims Act by falsely certifying that FHA loans made by Quicken Loans met FHA underwriting requirements. 4/23/2015 Xxxx Xxxxxx vs. Quicken Loans Inc. XX Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxx 15-cv-81386 TCPA Putative class action alleges violations of the Telephone Consumer Protection Act by claiming QL used prerecorded voice messaging and automatic dialers for marketing purposes on cell phones without consent. 10/8/2015 Deutsche Bank National Trust Company, solely as Trustee of the Harborview Mortgage Loan Trust (2007-7) vs. Quicken Loans Inc. Supreme Court, New York County, New York 13-653048 Breach of Contract Plaintiff-trustee, on behalf of Xxxxxxx Mac, claims that Quicken Loans breached a contract to sell loans consistent with certain representations and warranties and failed to repurchase loans when required. * Notice of Appeal filed by Plaintiff, Deutsche Bank National Trust Company. 8/30/2013 Sch. 3-2
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Related to Non-Ordinary Course of Business Litigation

  • Ordinary Course of Business The consummation of the transactions contemplated by this Agreement are in the ordinary course of business of the Servicer;

  • Business in Ordinary Course (a) Except as may be required to obtain regulatory approvals or as otherwise may be required by any regulatory authority, after the date of this Agreement, Seller shall not, without the prior written consent of Buyer (which consent shall not be unreasonably withheld):

  • Regular Course of Business Each Seller Company shall (a) operate its business diligently and in good faith, consistent with past management practices; (b) maintain all of its properties in customary repair, order and condition, reasonable wear and tear excepted; (c) maintain (except for expiration due to lapse of time) all leases and Contracts in effect without change except as expressly provided herein; (d) comply with the provisions of all Regulations and Orders applicable to such Seller Company and the conduct of the Business; (e) not cancel, release, waive or compromise any debt, Claim or right in its favor having a value in excess of $5,000 other than in connection with returns of inventory for credit or replacement in the ordinary course of business; (f) not alter the rate or basis of compensation of any of its officers, directors, managers or employees other than in the ordinary course of business consistent with past practice and immaterial in amount or otherwise adopt or modify any Benefit Plan; (g) maintain insurance coverage up to the Closing Date with the coverage and in the amounts set forth in Schedule 2.24 attached hereto; (h) maintain inventory, supplies and spare parts at customary operating levels consistent with current practices, and replace in accordance with past practice any inoperable, worn out or obsolete assets with modern assets of comparable quality; (i) maintain each Seller Company’s books, accounts and records in accordance with past custom and practice as used in the preparation of the Financial Statements; (j) maintain in full force and effect the existence of all Business Intellectual Property rights; (k) use its reasonable best efforts to preserve the goodwill and organization of the Business and its relationships with its customers, suppliers, employees and other Persons having business relations with it; (l) not take or omit to take any action that would require disclosure under Section 2, or that would otherwise result in a breach of any of the representations, warranties or covenants made by Parent or Seller Companies in this Agreement or in any of the agreements contemplated hereby; (m) not sell any of such Seller Company’s assets other than in the ordinary course of business; and (n) not take any action or omit to take any action which act or omission would reasonably be anticipated to have a Material Adverse Effect.

  • OPERATION IN ORDINARY COURSE The Acquiring Fund and the Acquired Fund will each operate its respective business in the ordinary course between the date of this Agreement and the Closing Date, it being understood that such ordinary course of business will include customary dividends and shareholder purchases and redemptions.

  • Conduct of Business in Ordinary Course Seller has conducted the business and operations of the Station only in the ordinary course and has not:

  • Ordinary Course The transactions contemplated by this Agreement and the other Basic Documents to which the Seller is a party are in the ordinary course of the Seller’s business.

  • Business in the Ordinary Course The Business shall be conducted solely in the ordinary course consistent with past practice.

  • Actions Pending Acquisition IV.01Forbearances of the Company. From the date hereof until the Effective Time, except as expressly contemplated or permitted by this Agreement, as required by applicable Law, or with the prior written consent of First Foundation, which shall not be unreasonably withheld or delayed, the Company will not, and will cause each of its Subsidiaries not to:

  • Payables Pay when due in accordance with past practices all of its accounts payables and trade obligations;

  • Actions Pending There is no action, suit, claim, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any subsidiary which questions the validity of this Agreement or the transactions contemplated hereby or any action taken or to be taken pursuant hereto or thereto. Except as set forth in the SEC Documents or on Schedule 3.1(m) hereto, there is no action, suit, claim, investigation or proceeding pending or, to the knowledge of the Company, threatened, against or involving the Company, any subsidiary or any of their respective properties or assets. There are no outstanding orders, judgments, injunctions, awards or decrees of any court, arbitrator or governmental or regulatory body against the Company or any subsidiary.

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