United States First Circuit

In this case, plaintiff sued defendant for failing to consider him for a mortgage loan modification, which a class action settlement required the bank to do before attempting to foreclose on plaintiff's home. Dismissal of the complaint is: 1) affirmed with respect to plaintiff's statutory causes of action brought under Mass. Gen. Laws ch. 244 sections 35A and 35B, where the causes of action fell short of stating a cognizable claim; and 2) vacated and remanded as to the common law claims for breach of contract and breach of the implied covenant of good faith and fair dealing, where the district court improperly considered evidence outside of the pleadings to resolve defendant's motion to dismiss, warranting a revival of the common law claims.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Thompson

Court

• United States First Circuit

Counsel