Diane co-leads Reed Smith’s Financial Services Litigation team. She represents clients in complex financial services litigation before both state and federal courts, including matters related to residential mortgage lending, retail lending, credit cards, auto finance, insurance products, and equipment finance. She has defended consumer claims in class actions, mass actions, government investigations, and single-plaintiff lawsuits.
Experience
Representative matters
Representative matters
Rubino v. PHH, et al. (N.Y.) – defending putative class action alleging violations of the state mortgage discharge statutes.
Gericke v. Truist (D.N.J.) – defended putative class action alleging that issuance of 1099 in connection with a defaulted mortgage loan violated consumer protection laws. Our motion to dismiss was granted and upheld by the Third Circuit.
Gallagher v. Navient (D.N.J.) – defended putative class action alleging that payments made during COVID forbearance were misapplied. Our motion to dismiss was granted. A companion qui tam action was also dismissed on our motion.
Rubino v. PHH, et al. (N.Y.) – defending putative class action alleging violations of the state mortgage discharge statutes.
Gericke v. Truist (D.N.J.) – defended putative class action alleging that issuance of 1099 in connection with a defaulted mortgage loan violated consumer protection laws. Our motion to dismiss was granted and upheld by the Third Circuit.
Gallagher v. Navient (D.N.J.) – defended putative class action alleging that payments made during COVID forbearance were misapplied. Our motion to dismiss was granted. A companion qui tam action was also dismissed on our motion.
Beer v. Ikea (E.D. Pa.) – defended putative class action alleging improper application of a dollar off coupon. Case settled on a favorable, individual basis.
Ballard v. Wells Fargo Bank, N.A., et al. (N.Y.) – defending putative class action alleging violations of the mortgage discharge statutes. We obtained summary judgment and the case is on appeal.
King v. Wells Fargo Bank, N.A. (E.D.N.Y.) – defended putative class action alleging violations of the mortgage discharge statutes. Before responding to the Complaint, we settled on an individual basis with a modest offer of judgment.
Agostino v. Quest Diagnostics Inc., 2010 WL 5392688 (D.N.J. 2010) and Agostino v. Quest Diagnostics Inc., 256 F.R.D. 437 (D.N.J. 2009) - defended Quest Diagnostics in a nationwide putative class action alleging improper billing and collection for laboratory tests. We defeated class treatment two times, affirmed on appeal by the Third Circuit. The case settled on individual claims.
Horsch v. Wells Fargo Bank, N.A. (E.D. Pa.) – defended putative class action alleging violations of the Fair Credit Reporting Act. After aggressive motion practice, which motions were largely granted, we settled the remainder of the case on an individual basis for nominal amounts.
Goodman v. LexisNexis Risk Solutions, Inc. (E.D. Pa.) – defended and settled a putative nationwide class action alleging violations of the Fair Credit Reporting Act based on employment background screening.
G. Tsang v. LexisNexis Risk Solutions, Inc. (N.D. Cal.) – defended a putative class action alleging violations of the Fair Credit Reporting Act. Settled on an individual basis.
Farrell v. HSBC, et al. (E.D.N.Y.) - defended HSBC in a putative class action alleging that HSBC failed to timely discharge satisfied mortgages. While our Motion to Dismiss was pending, Plaintiff accepted a nominal, individual settlement.
Stricklen v. Nationstar Mortgage (D.N.J.) – after removal, defended putative class action alleging violations of New Jersey law governing affordable housing units. After filing our motion to dismiss, plaintiff voluntarily dismissed the case.
Antonicic v. HSBC (N.D. Ill) – defended putative class action alleging improper fees in connection with HUD loans. Case settled on an individual basis.
Aversano v. Santander Bank (D.N.J.) – defended putative class action alleging that Santander failed to disclose that the loan carried a simple interest calculation. Our Motion to Dismiss was granted, with leave to amend. The case settled on an individual basis for a nominal amount.
Ahmed v. Wells Fargo (E.D.N.Y.) – defended putative class action alleging violations of the newly enacted RESPA loss mitigation regulations. After we filed our pre-motion letter with the Court to request authorization to file a Motion to Dismiss, the Plaintiff agreed to settle the case on an individual basis for a nominal amount.
Carrion v. Wells Fargo Bank, N.A. (E.D.N.Y.) – defended a putative class action alleging violations of the Real Estate Procedures Practices Act for alleged overcharges for tax services. We convinced opposing counsel to dismiss the case before our responsive pleading was due.
Lichowid v. Wells Fargo Bank, N.A. (Bank, E.D. Pa.) – defended putative class action alleging violations of the bankruptcy rules concerning post-discharge activities. Case voluntarily dismissed before a response was due.
Sexton v. Wells Fargo (N.J. Superior Court) – defeated a putative class action on summary judgment alleging violations of the Truth in Consumer Contract Warranty and Notice Act relating to pre-foreclosure notices. Case dismissed on our motion for summary judgment.
Wells Fargo v. Sochet, (N.J. Superior Court) – defended against two putative class action counterclaims alleging that servicer improperly charged interest accrued on late escrow tax disbursements to the borrowers. Class claims dropped and case settled for nominal amount.
Brannan v. Wells Fargo (S.D. Alabama) - Assisted on class settlement of a putative class action alleging violations of the bankruptcy laws stemming from “robo-signed” affidavits submitted in bankruptcy proceedings.
Hulko v. CIT Bank, Freedom Financial (N.J. Superior Court) – defended a putative class action alleging violations of New Jersey law concerning charges for attorneys’ fees and costs in foreclosure actions. We convinced Plaintiff’s counsel to settle on an individual basis before our responsive pleading was due.
Payne v. Avis Budget Group, Inc. (D.N.J.) – defended a putative class action alleging that certain website disclosures were inaccurate and misleading. Settled on an individual basis.
Stepien v. PNC Bank, N.A. (N.J. Superior Court) – were retained mid-stream to defend and settle a putative class action alleging violations of the Uniform Commercial Code concerning post-repossession notices.
Harris v. GM Financial (N.J. Superior Court) – defended and settled a putative class action alleging violations of the Consumer Fraud Act and the Truth in Consumer Contract Warranty and Notice Act concerning post-repossession notices.
Rosenblatt v. Hit Entertainment (Mattel) (N.J. Superior Court) – defended a putative class action alleging violation of the Consumer Fraud Act for the alleged failure to respond to the request to unsubscribe unwanted email solicitations. Settled on an individual basis.
Menkes v. Prudential Insurance Company of America, et al. – (D.N.J./3rd Cir.) – defended and obtained dismissal of a putative class action alleging violations of the Consumer Fraud Act for alleged fraud in inducing plaintiff into purchasing a supplemental insurance policy that contained war exclusions. Dismissal upheld on appeal to the 3rd Circuit.
Piegaro v. L.A. Fitness (D.N.J.) – defended putative class action relating to fraudulent consumer contracts. Prevailed on our motion to dismiss.
Epstein v. Sears (N.J. Superior Court) – defended putative class action alleging that advertising is deceptive, and defendant violated New Jersey’s Truth in Consumer Contract Notice and Warranty Act. Favorable class action settlement.
Collucci v. Nutrex (N.J. Superior Court) – defended putative class action alleging that advertising of supplements is deceptive and violates consumer fraud and other laws. Obtained dismissal of the consumer fraud claims, which led to settlement of the case and two other putative class actions in California.
Doty v. Bayview Financial, et al. (N.J. Superior Court) – defended putative class action alleging that improper attorneys’ fees and costs were charged in prior foreclosure proceedings in violation of consumer fraud and other laws. Case settled on an individual basis.
Shinn v. Champion Mortgage, et al. (D.N.J.) – defended putative class action alleging that improper attorneys’ fees and costs were charged in prior foreclosure proceedings in violation of consumer fraud and other laws. Prevailed on motion to dismiss most claims, settled on an individual basis.
Eisenberger v. Hann Financial (N.J. Superior Court) – defended putative class action alleging that client’s post-lease termination notices violation consumer protection laws. Favorable class action settlement.
Exquisite Caterers, LLC, et al. v. Popular Leasing USA, Inc., et al., (D.N.J.) – successfully defended lease assignee in putative nationwide class action alleging violations of the New Jersey Consumer Fraud Act. Negotiated and implemented nationwide settlement class after defeating national class certification.
Represented mortgage lenders, servicers and trustees in "robo-signing" and other foreclosure-related matters, including Wells Fargo Bank in the New Jersey Order to Show Cause proceeding In Re Document Irregularities, Docket No. F-059553-10.
US Bank v. Guillaume, (NJ Supreme Court) - obtained favorable ruling on challenge to the sufficiency of the pre-foreclosure breach letters.
Oliver v. American Home Mortgage Servicing, Inc., 2009 WL 4129043 (D.N.J.) - represented mortgage servicer in putative class action alleging overcharges and obtained dismissal of the case at the trial level and case settled for a nominal amount on an individual basis.
Perkins v. Washington Mutual, FSB, 655 F. Supp. 2d 463 (D.N.J.) - represented mortgage servicer in putative class action alleging overcharges. Obtained dismissal on motion to dismiss.
Rickenbach v. Wells Fargo Bank, N.A., 635 F. Supp. 2d 389 (D.N.J.); Rickenbach v. Wells Fargo Bank, N.A., 2010 WL 920869 (D.N.J.) - represented mortgage servicer in putative class action alleging overcharges. Obtained dismissal of most of the case, settled for a nominal amount on an individual basis.
Paness v. BMW Financial Services, NA, LLC, No. L-1182-02 (Bergen Co. N.J.) - obtained dismissal on the basis of the voluntary payment rule of putative nationwide class action alleging a violation of the Uniform Commercial Code and other laws arising from fees charged under the early termination provision of automobile leases; no appeal.
Rudnick v. Bank of America, No. 01CV02589 (D.N.J.) - successfully defended putative class action alleging consumer fraud and civil RICO claims premised on alleged violations of New Jersey automobile leasing laws; settled on an individual basis.
Parkin v. Bank of America (Middlesex County, New Jersey) - defended against claims that post-repossession notices violated the Uniform Commercial Code and state consumer protection laws.
Exquisite Caterers, LLC, et al. v. Popular Leasing USA, Inc., et al., No. 04-4467 (D.N.J.) - successfully defended lease assignee in putative nationwide class action alleging violations of the New Jersey Consumer Fraud Act. Negotiated and implemented nationwide settlement class after defeating national class certification.
Gulf Coast Audio Partnership, et al. v. Banclease Acceptance Corporation, et al., No. A-173174 (58th Jud. Dist., Jefferson County, TX) - successfully defended lease assignee in putative statewide class action seeking remedies under the Texas Uniform Declaratory Judgments Act.
Windy City Metal Fabricators & Supply, Inc., and Midwest Co v. CIT Technology Financing Services, Inc., et al, Civil Action No.: 1:05-cv-05451 (U.S.D.C., IL) - defended lease assignee in putative statewide class action lawsuit alleging violations of Illinois Consumer Fraud and Deceptive Practices Act.
Almanzar, et al. v. IndyMac (D.N.J.) - defended putative class action alleging fraud, consumer fraud and deception in connection with the origination of Option Adjustable Rate Mortgages. On motion to strike the class, plaintiff voluntarily dismissed the class claims and proceeded to file a mass action. Claims settled for a nominal amount on an individual basis.
Recognitions
Named by the New Jersey Law Journal as a finalist for the Office Managing Partner of the Year, 2025
- Named by the Financial Times as a finalist for “Innovation in Digital Solutions” at the North American Innovative Lawyer Awards 2023
- Named by the New Jersey Law Journal as a 2022 “Innovator” for developing technology solutions and tools for litigation matters.
Credentials
Education
Education
- William & Mary School of Law, 1991, J.D.
- Temple University, 1986, B.A., History, Classical Piano
Professional admissions & qualifications
Professional admissions & qualifications
- New Jersey
- Pennsylvania
- New York
Court admissions
Court admissions
- U.S. District Court - District of New Jersey
- U.S. District Court - Eastern District of Pennsylvania
- U.S. Court of Appeals - Third Circuit
- U.S. District Court - Southern District of New York
- U.S. District Court - Eastern District of New York
- U.S. District Court - Middle District of Pennsylvania
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