· 3/10/1986
R.B. Moor v. The Travelers Insurance Co.
Citations
- 784 F.2d 632
- 1986 U.S. App. LEXIS 22809
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a TILA violation occurs when the credit transaction is consummated and that the transaction is consummated when a contractual relationship is created
- holding tolling not applicable to particular claim for rescission, but stating that to claim the doctrine, a plaintiff must show that the defendant “concealed the reprobated conduct and despite due diligence, he was unable to discover that conduct”
- plaintiffs use of recoupment claims under TILA failed on the second and third prongs only
- a violation occurs at the time the loan is consummated and non-disclosure is not a “continuing violation for purposes of the statute of limitations.”
- consummation is not the date on which the loan matures
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Garwood, Jolly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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