• Posts by Jennifer E. Ziemann
    Jenn Ziemann

    Jenn Ziemann is a Partner in the firm's Financial Services Practice Group. Her practice focuses primarily on defending banks and mortgage companies in civil litigation matters.

    Jenn received her J.D., cum laude, from Tulane ...

In Giovanniello v. ALM Media, LLC, No. 10-3854-CV, --- F.3d ---, 2013 WL 4016567 (2d Cir. Aug. 8, 2013), the Court of Appeals for the Second Circuit held that (1) the federal four-year statute of limitations applies to claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"); and (2) the tolling of the limitations period during the pendency of a putative class action ceases upon the initial denial of class status. In an earlier decision, the Second Circuit applied the state-law statute of limitations and affirmed the dismissal of the plaintiff's TCPA claim as ...

Posted in: Second Circuit, TCPA

The United States Bankruptcy Panel of the First Circuit held that the Home Owner's Loan Act ("HOLA"), 12 U.S.C. § 1461 et seq. preempted certain Massachusetts statutory claims in the recent case Frykberg v. JPMorgan Chase Bank, N.A. (In re Frykberg), No. 12-050, 2013 WL 1704701 (B.A.P. 1st Cir. Apr. 18, 2013). There, the debtor filed an adversary complaint against JP Morgan Chase Bank, N.A. ("Chase") alleging claims under the Massachusetts Consumer Credit Cost Disclosure Act, Mass. Gen. Laws ch. 140D, § 8, and the Massachusetts Predatory Home Loan Practices Act, Mass. Gen. Laws ...

In Wassef v. JPMorgan Chase Bank, N.A., No. CV-12-02480-PHX-DGC, 2013 WL 1123678 (D. Ariz. Mar. 18, 2013), the United States District Court for the District of Arizona granted a motion to dismiss where the claims were premised on an alleged repayment agreement. There, the plaintiffs had taken out a loan from Chase Bank, N.A. to refinance their home. The loan was secured with a deed of trust on the property. The plaintiffs later entered into a HAMP modification agreement with Chase, but they were unable to make their payments under the modification. The plaintiffs alleged that Chase ...

Posted in: Mortgages
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