CAPPUCCIO v. PRIME CAPITAL FUNDING LLC

No. 09-4055.

649 F.3d 180 (2011)

Karen V. CAPPUCCIO, Appellant v. PRIME CAPITAL FUNDING LLC; Kirk Ayzenberg; America's Wholesale Lender; Countrywide Bank, NA; Countrywide Home Loans Servicing, L.P.; First Magnus Financial Corporation; Homecomings Financial, L.L.C. a GMAC Company; MAK Abstract; E*Trade, d/b/a E*Trade Financial Corporate Services, Inc., d/b/a E*Trade Mortgage Corporation.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 16, 2011.


Attorney(s) appearing for the Case

Cary L. Flitter, Esq. , Theodore E. Lorenz, Esq. [Argued], Andrew M. Milz, Esq. , Lundy, Flitter, Beldecos & Berger, P.C., Narberth, PA, for Appellant.

Joseph F. Riga, Esq. [Argued], McDowell Riga, P.C., Bryn Mawr, PA, for Appellee.

Before: FUENTES, FISHER, and NYGAARD, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Appellant Karen Cappuccio appeals an unfavorable jury verdict on her complaint under the Truth In Lending Act ("TILA"), 15 U.S.C § 1601 et seq., against Appellee E*Trade for its failure to properly notify her of her right to cancel her home mortgage. Cappuccio challenges various aspects of the jury instructions, including the District Court's directive that because her signature was on the notice of...

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