On September 22nd, the Third Circuit remanded for the second time a trial court's class certification in a case alleging a fraudulent home equity lending scheme. The trial court applied the wrong standard to determine that the named plaintiffs and class counsel were adequate representatives. The Third Circuit stated that on remand, the trial court should consider whether a subclass with timely RESPA and/or TILA/HOEPA claims should be created; and whether class counsel are adequate in light of counsel's reasons for not bringing TILA/HOEPA claims. In re Community Bank of Northern Virginia.