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Bank Liability to Non-Customers in a Ponzi Scheme

The morning news reports flashes a report that your customer was actually a Ponzi scheme and defrauded numerous people. Of course, this is terrible news for the innocent victims, but, you ask yourself, could my bank be...more

Bank Group Seeks Depublication Of Bank Libel Opinion

In this post, I wrote about a recent decision by the First District Court of Appeal declaring Financial Code Section 1327 unconstitutional on its face. Summit Bank v. Rogers, 2012 Cal. App. LEXIS 633 (May 29, 2012). That...more

The Check Book -- A Guide for Check Disputes -- May 2012

Note to Readers Not Legal Advice. This Guide is not intended to express any legal opinions or to provide legal advice. You should consult an attorney for legal advice. Code Interpretations. You should refer to the...more

Pa. Appellate Court Issues Opinion in Dietz v. Chase Home Finance, LLC, Clarifying Preemption of State Common Law Claims by Fair...

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

A New Front in Financial Institution Scrutiny — Treble Damage Threat Against HUD Lenders Based on Alleged Program-Level Failures

The Department of Justice has served notice that it intends to take aggressive action – and seek billion-dollar recoveries – against banks and residential mortgage lenders on a new front for conduct it alleges amounts to...more

Federal Fair Debt Collection Liability for Violation of State Licensing Laws

On February 23, 2011, the United States District Court for the District of Maryland followed the United States Court of Appeals for the Eleventh Circuit in holding that a debt collection company could incur liability under...more

PRESUMPTION OF INNOCENCE AND SETTING OF BOND

The presumption of innocence in a criminal law case means just that: you are presumed innocent unless proven guilty. This is true regardless of whatever crime is alleged, e.g., child sexual abuse, murder, sexual battery,...more

Special Liability Risks For Director Appointees To Banking Organizations

This article describes potential sources of personal liability for directors of banking organizations that arise from federal banking laws and regulations, including as a result of common law causes of action, enforcement...more

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