Tuesday, October 1, 2013
As we noted here, the Ninth Circuit's Judge Noonan (pictured) appended a stinging concurring opinion to the Ninth Circuit's judgment in Corvello v. Wells Fargo. Wells Fargo challenged the language we identified as "the money quote" from Judge Noonan's concurrence, claiming that it did not draft the allegedly fraudulent plan, as Judge Noonan suggested. The Department of the Treasury drafted the language, and Wells Fargo was required to use it under the federal program at issue.
This week the Ninth Circuit issued a brief order in which it withdrew Judge Noonan's concurrence.