Continuing a theme begun a few days ago in Gordon v. JP Morgan Chase, the Fifth Circuit affirmed summary judgment for a servicer on a negligent misrepresentation claim under Mississippi law based on statements during loan modification discussions. Pennell v. Wells Fargo Bank, No. 12-60595 (Jan. 9, 2013, unpublished). The Court saw the statements as unactionable promises of future conduct. In reviewing the relevant cases, the Court distinguished two federal district court cases on their facts, while also diminishing their effect under Erie compared to controlling state court authority.
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