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Scott D. Samlin Quoted in Law360 Article, ''Extraordinary' $46M BofA Award Upends Punitives Formula'

4/30/2018
Scott D. Samlin Quoted in Law360 Article, ''Extraordinary' $46M BofA Award Upends Punitives Formula'

Scott D. Samlin, a partner in the Financial Services Practice Group and the leader of the Consumer Financial Services and Bank Regulatory Practice of Pepper Hamilton, was quoted in the April 27, 2018 Law360 article, "'Extraordinary' $46M BofA Award Upends Punitives Formula."

"It's certainly more creative than you're used to seeing," says Scott Samlin of Pepper Hamilton LLP, a compliance expert who represents large financial institutions in mortgage and consumer protection cases. "I don't think it's going to become commonplace exactly, but whenever judges are presented with the dilemma of a single plaintiff lawsuit that also merits a large punitive award, the Sundquist opinion is going to come up."

...

Despite being born out of a federal bankruptcy statute, Samlin says he could see district court judges picking up Judge Klein's reasoning and the third-party injunction if they find it useful, while Sharkey says it would be particularly easy for state court judges applying common law to make use of the case.

...

"Nobody can predict the future of jurisprudence," says Samlin, the compliance expert. "Somewhere down the road, this judge may be hailed as a visionary and this concept may be a readily available means of redress, and then again, it might not."

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