P2P Lending / NFT Lending Forum

Lending Club Discussion => Investors - LC => Topic started by: investny on June 28, 2016, 11:00:00 PM

Title: Madden case update
Post by: investny on June 28, 2016, 11:00:00 PM
"The decision by the Supreme Court not to review the Second Circuit's holding in Madden means we're probably just seeing the very beginning of lawsuits against marketplace lenders, such as LendingClub. Not only are marketplace lenders at risk, but so will be the sponsors and other participants in the securitization of marketplace loans to the extent loans are held unenforceable or interest rates are reduced. Experience shows that when cash flows to investors are reduced, litigation follows."

http://www.altfi.com/article/2069_supreme_court_rejects_midland_appeal_in_major_blow_to_marketplace_lenders
Title: Madden case update
Post by: Fred93 on June 28, 2016, 11:00:00 PM
And what are the qualifications of the author to make these legal judgements?
Title: Madden case update
Post by: Ran on June 28, 2016, 11:00:00 PM
Here was a more balanced view and response from LP http://www.crowdfundinsider.com/2016/02/82246-lending-club-reacts-to-concerns-over-madden-vs-midland-decision/
Title: Madden case update
Post by: HalfABubbleOff on June 30, 2016, 11:00:00 PM
It is not a surprise that cert wasn't granted.  The U.S. Solicitor General both blasted the 2nd Circuit Court of Appeals ruling, but also said that the district court has not yet ruled if Delaware laws apply in this case or not. 

So, it was "too early" for this case to make its way to be heard by the USSC.  The possible twists and turns in this case means it's going to be around for at least a few years.