Overlapping Auto Coverage In The New Age by Field Law on 5/14/2012 The Alberta government, in its wisdom (or lack thereof) has recently changed the rules for situations of overlapping auto coverage. In this paper, I will summarize the changes with a particular focus on non-owned auto...more
Buyer Beware: 363 Sale May Not Absolve Successor Liability by Mintz Levin - Bankruptcy, Restructuring &... on 4/19/2012 It has long been understood by buyers of assets of distressed companies that once a sale is authorized pursuant to Section 363 of the Bankruptcy Code, the buyer is absolved of any liabilities which may have encumbered the...more
Pa. Appellate Court Issues Opinion in Dietz v. Chase Home Finance, LLC, Clarifying Preemption of State Common Law Claims by Fair... by Duane Morris LLP on 4/16/2012 The decision in Dietz is one of first impression in the Pennsylvania appellate courts and essentially forecloses would-be plaintiffs from asserting common law claims against creditors based on incorrect credit reporting,...more
Diaz Reus Partner, Israel Reyes, Represents Landmark Hotel Owner In Suit Against German Bank by Michael Diaz Jr. - Diaz Reus International... on 3/19/2012 In a case with international financial implications, Casa Casuarina LLC, owner of a landmark Miami Beach resort property, is suing its mortgage holder German bank WestLB on multiple counts of alleged fraud. “We are...more
Budget bills, Evidence of Insurance, Tresspassing by Davis, Brown, Koehn, Shors & Roberts, P.C. on 3/12/2012 The budget discussion has started to heat up over the last couple of weeks. Statewide estimates made by the Revenue Estimating Conference (REC) set the tone for the session’s budget discussions, because all budget bills must...more
Private Offerings in New York: How an “Integration Clause” bars an Investor from Relying on the Offerors’ Representations by Wahab & Medenica LLC on 2/16/2012 Anyone in business should be careful to note whether their contracts contain “integration clauses.” A so called integration clause makes the contract “king” in terms of the promises and...more
Invasion of Privacy in Condominiums by Heenan Blaikie LLP on 2/3/2012 A recent case before the Ontario Court of Appeal dealing with the privacy of a Bank customer's personal information, may have some interesting applications for condominium corporations and property managers across...more
Ontario Court of Appeal Recognizes Tort of Invasion of Privacy by Osler, Hoskin & Harcourt LLP on 1/24/2012 On January 18, 2012, the Ontario Court of Appeal recognized a common law tort of “intrusion upon seclusion” in Ontario law in its decision in Jones v. Tsige. This decision has potentially significant implications, not just...more
New York Court of Appeals’ Clarification of the Martin Act Opens Door for Common Law Claims in Securities Cases by White & Case LLP on 1/11/2012 The New York Court of Appeals recently held that the Martin Act — New York’s “Blue Sky” law — does not preclude private plaintiffs from pursuing common law claims such as fraud and negligent misrepresentation relating to...more
An Open Letter to Rockland County, NY Attorneys from Hudson Valley Bank by Lawrence McElroen on 10/1/2011 This is an open letter to Rockland County, NY attorneys from Hudson Valley Bank....more
An Open Letter to Rockland County NY Attorneys from Hudson Valley Bank by Lawrence McElroen on 9/30/2011 This is an open letter to Rockland County, NY attorneys from Hudson Valley Bank....more
Too Little, Too Late For Plaintiff's Fraud-Based Mortgage Lawsuit by Sheppard Mullin Richter & Hampton LLP on 9/22/2011 In Vaca v. Wachovia Mortgage Corporation, --- Cal.Rptr.3d ----, 2011 WL 3659938 (Cal.App. 4 Dist. 2011), the California Court of Appeal affirmed the dismissal of a fraud claim on statute of limitations grounds. In 2005, the...more
Texas Insurance Law Newsbrief by Martin, Disiere, Jefferson & Wisdom, LLP on 8/15/2011 IN THIS ISSUE: Paid v. Incurred Medical Expenses; Coverage for Settlement of FTC Class Action; Insurable Interest; Twombly & Igbal; Premium Payment as Condition Precedent to Coverage; Duty to Defend; Policy Issuance;...more
Preparing for the New Wave of FDIC Suits Against Bank Directors and Officers by Lane Powell PC - Finance Law on 7/1/2011 Directors and officers are the most likely FDIC targets for recovery claims since, in many cases, they are covered by “D&O” insurance. Typically, the FDIC asserts claims for gross negligence, negligence and breach of...more
Mortgage Fraud in Miami, South Florida 2nd Highest in USA - But Are Con Artists That Rampant Here in Miami-Dade? No. by Rosa Eckstein Schechter on 6/30/2011 Mortgage fraud is a national problem that's getting more and more rampant in our area, according to Interthinx, a company that periodically releases its research analysis of national fraud numbers. Its warnings are...more