Business Torts

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 21, 2013

NY Appellate Court Holds CIFG and Syncora Lack Standing in $1.8 Billion MBS Suit

by Orrick - Structured Finance Group on 4/30/2013

On April 25, the First Department of the Appellate Division of the New York Supreme Court affirmed an order barring monoline insurers CIFG and Syncora from suing GreenPoint Mortgage Funding for alleged violations of...more

Second Circuit Allows FHFA MBS Suits To Proceed

by BuckleySandler LLP on 4/17/2013

On April 5, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s partial denial of a financial institution’s motion to dismiss on standing and timeliness grounds a suit brought by the FHFA. Fed. Hous....more

Weekly Brief: DOJ Memo Details Justification For Killing US Citizens [Video]

by Bloomberg Law on 2/7/2013

Feb. 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. A confidential memo leaked from the Department of Justice details the legal rationale for the extrajudicial killing of American...more

New Lawsuit Attacks Constitutionality and Authority of the CFPB and FSOC

by Richik Sarkar on 7/5/2012

The Competitive Enterprise Institute (CEI), one of the organizations that filed briefs supporting the recent challenge to the Affordable Care Act, has now brought a constitutional challenge seeking to block two major...more

Freeman, et al. v. Quicken Loans, Inc.: Supreme Court Declines To Expand Consumer Protections Beyond Congress’ Exact Words

by Richik Sarkar on 6/4/2012

Adhering to the exact wording of the Real Estate Settlement Procedures Act (“RESPA”), the U.S. Supreme Court held in a rare, unanimous decision that a violation of Section 8(b) of RESPA does not apply unless a...more

Bulldog II: SJC Eliminates First Amendment Challenge to Securities Violations Found by the Massachusetts Securities Division

by Foley Hoag LLP on 9/28/2011

A decision by the Massachusetts Supreme Judicial Court (“SJC”) on September 22, 2011, lays to rest the Secretary of the Commonwealth’s finding that a hedge fund manager, Bulldog Investors General Partnership (“Bulldog”), and...more

Not all Bankruptcy “Core” Proceedings are Created Equal: A Limitation on State Law Lender Liability Claims in Bankruptcy Court...

by Katten Muchin Rosenman LLP on 9/16/2011

The scenario has become all too familiar in recent years: a borrower defaults on a loan and, when the lender pursues the loan collateral through foreclosure or other proceedings, the borrower files for bankruptcy protection....more

The ERISA Litigation Newsletter - June 2011

by Proskauer Rose LLP on 6/28/2011

In This Issue: - CIGNA Corp. v. Amara: Changing the Landscape of ERISA Litigation - The Constitutionality of the Affordable Care Act’s Individual Mandate Set to be Scrutinized by Four United States Courts of...more