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First Ontario Privacy Class Action Certified Against Employer via Vicarious Liability

In Evans v. Bank of Nova Scotia, 2014 ONSC 2135, Justice Smith certified a class action for, among other claims, the tort of inclusion upon seclusion, against both the Bank of Nova Scotia (the “Bank”) and Richard Wilson. This...more

Is a FSCO Arbitration Backlog Developing?

Listening to the news about the cresting flood waters in Manitoba, I am reminded about the flood of accident benefit disputes making its way through Financial Services Commission of Ontario (FSCO)....more

Main Street Cashes $3.1 Billion in Checks from Wall Street

With the mortgage crisis almost a decade in the rear-view mirror, some harmed homeowners are just now starting to see reparations for the transgressions of the country’s largest financial institutions. ...more

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to...more

Court Of Appeal Finds Lender Is Not Entitled To Recover Portion Of Developer's Future Judgment In Connection With Property Damage...

In Thoryk v. San Diego Gas & Electric Co. (2014) 225 Cal.App.4th 386, Thoryk owned a large piece of land ("Land") in San Diego County. Encumbering the Land was a first deed of trust in favor of PFI Realty ("PFI") and a...more

Fifth Circuit Revives Negligence Claims for Purely Economic Losses in Connection with Heartland Payment Systems Cyber-Attack...

On September 3, 2013, in Lone Star Nat'l Bank N.A. v. Heartland Payment Sys., Inc., the U.S. Court of Appeals for the Fifth Circuit held that "the economic loss doctrine under New Jersey law does not preclude the Issuer...more

Little Tucker Act Does Not Waive Sovereign Immunity For Alleged Violation Of Fair Credit Reporting Act

The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more

White v. Hollister Co. Illustrates Importance of Individual Questions in Class Certification

The California Court of Appeals January 3, 2013 decision in White v. Hollister Co. reversed and remanded the trial court’s opinion denying class certification to a class of consumers who claimed that defendant Hollister Co....more

Transportation, Distribution and Logistics Alert Newsletter -- July 2012: Recent Cases Illustrate Possibility of Substantial...

Since the Schramm v. Foster, 341 F.Supp.2d 53 (D. Md. 2004), transportation companies have been aware of the possibility of suits and verdict against transportation brokers. This is significant because many carriers also...more

Financial Fraud Law Report: Financial Fraud Victims May Benefit from Swiss Bank's Disclosures

Originally published in the July-August 2012 issue of the Financial Fraud Law Report. Lawyer Michael Diaz, Jr., Says Financial Fraud Victims May Benefit from Swiss Bank’s Disclosures Swiss banking giant UBS’...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

Ontario Court of Appeal Recognizes Tort of Invasion of Privacy

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

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

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

Fifth Circuit Rejects Section 10(b) Scheme Liability in Absence of Explicit Attribution of Conduct or Statements to Defendant

In Affco Investments 2001 LLC v. Proskauer Rose L.L.P., No. 09-20734, 2010 WL 4226685 (5th Cir. Oct. 27, 2010), the United States Court of Appeals for the Fifth Circuit held that a law firm which allegedly assisted in...more

Deceptive Trade Practices Demand Letter - Inaccurate Credit Reporting

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more

Mortgage Fraud - Deceptive Trade Practices Demand Letter

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more

Reversal of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A...

In a partial reversal of a decision from Bayou Group LLC's bankruptcy case, the U.S. District Court for the Southern District of New York reconsidered a controversial ruling that sent shivers down the spines of institutional...more

Summary Judgment Granted for Defendant in Certified Deferred Annuity Class Action

In a substantial victory for deferred annuity issuers, Judge Claudia Wilken of the U.S. District Court for the Northern District of California on October 6, 2010, granted Defendant's motion for summary judgment in Kennedy...more

District Court Rules on Stranger-Initiated Annuity Transactions

On June 2, 2010, the U.S. District Court in Rhode Island ruled on motions to dismiss in a series of cases brought by insurers arising out of stranger-initiated annuity transactions. See Western Reserve Life Assurance Co. of...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

Investor Alert: Swindled But Still Liable - An Innocent Ponzi Scheme Investor May Have To Pay Back Funds Received

A Ponzi scheme is a financial fraud that operates by transferring funds received from new investors to previous investors under the fiction that the funds being transferred are profits from a legitimate enterprise. Thus, as...more

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