United States Eleventh Circuit
Christ v. Beneficial Corp., 0614828
In a claim against lender-defendant and affiliated corporations for violation of the Truth in Lending Act (TILA), certification of an injunctive class, summary judgment in favor of plaintiff class, and award of injunctive relief and over $22 million in restition or disgorgement are vacated and the case is remanded where: 1) injunctive relief was not a remedy available under TILA to plaintiff and the plaintiff class, Rule 23(b)(2) certification under TILA was improper; and 2) the district court erred by invoking the Declaratory Judgment Act to award the restitution remedy.
Appellate Information
- Decided 10/28/2008
- Published 10/28/2008
Judges
Court
- United States Eleventh Circuit