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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

by K&L Gates LLP on

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

by Dorsey & Whitney LLP on

A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates...more

What Today's Real Estate Investors Need to Know About Foreclosure Related Lawsuits

by John Cowherd on

This article explores Real Estate Short Sales, Foreclosure Sales, Post-Foreclosure Sales, and Associated Lawsuits in the Context of a Real Estate Investor's Decisionmaking in a Market in Transition. (This article is provided...more

Kubicki v Mortgage Electronic Registration Systems et al.

County Sheriff May Appoint Special Deputies by Written Agreement to Execute Foreclosures

by Carson Tucker on

In this case, the Michigan Court of Appeals found nothing improper in a signed agreement by a county sheriff and a process serving company wherein the president of the process serving company was appointed a special deputy...more

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