DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

122508P.pdf   04/15/2015  Bank of America  v.  Gary Peterson
   U.S. Court of Appeals Case No:  12-2508
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges] Civil case - Truth in Lending Act. On remand from the Supreme court for reconsideration in light of Jesinoski v. Countrywide Home Loans, 135 S. Ct. 790 (2015). For the court's prior opinion in the case, see Peterson v. Bank of America, N.A., 746 F.3d 357 (8th Cir. 2014). In light of the Jesinoski opinion, the court vacates that portion of the judgment that granted Bank of America summary judgment on the Petersons' claim for rescission, reinstates that portion of the judgment that vacated the grant of summary judgment to Bank of America on the Peterson's counterclaim for statutory damages and remands the matter to the district court for further proceedings. 122508P.pdf 03/21/2014 Bank of America v. Gary Peterson U.S. Court of Appeals Case No: 12-2508 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges] Civil case - Truth in Lending Act. Because defendants notified Bank of America of their intent to rescind but failed to file a lawsuit within the three-year limitations period, the district court did not err in finding their right of rescission had expired and that their rescission claim was time barred under 15 U.S.C. Sec. 1635(f); however, the fact that the defendants' rescission claim failed as a matter of law under Section 1635(f) does not mandate the conclusion that their failure-to-rescind counterclaim for statutory damages necessarily fails or is time-barred, and the district court erred in granting the bank summary judgment on this claim.