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Cowen v. Bank United

United States Court of Appeals for the Seventh Circuit
70 F.3d 937 (1995)

Written by Mary Phelan D'Isa, JD

Facts

Cowen (plaintiff) sought class-action certification in his Federal Truth in Lending Act suit against Bank United (defendant) for Bank United’s alleged failure to disclose all finance charges incident to a loan. Cowen alleged that an undisclosed $14 overnight courier fee constituted a finance charge and thus supported a claim under the Federal Truth in Lending Act. Bank United moved for and was granted summary judgment before the class-action-certification question was decided. Cowen appealed.

Rule of Law

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Issue

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Holding and Reasoning (Posner, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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