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Bonte v. U.S. Bank, N.A., 09-2455

By FindLaw Staff on October 19, 2010 12:19 PM

Dismissal of homeowners' suit against a bank under the Truth in Lending Act affirmed

Bonte v. U.S. Bank, N.A., 09-2455, concerned a challenge to the district court's grant of a defendant bank's motion to dismiss the complaint for failure to state a claim upon which relief may be granted, in plaintiffs' suit against the bank under the Truth in Lending Act (TILA) seeking mortgage rescission.  In affirming the dismissal, the court held that the plaintiffs' failure to respond to defendant's arguments leads to the conclusion that they have waived any argument that the allegedly erroneous TILA disclosures are in fact material.

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