Personal Injury, Finance & Banking, Civil Procedure

Court Dismissed Customer's Libel Claim Based On Credit Report

by David Johnson | Winstead PC on 5/13/2013

In Meisel v. U.S. Bank, Meisel was a customer of U.S. Bank who found an original signed payroll check dated several years earlier from his former employer. No. 05-11-01336-CV, 2013 Tex. App. LEXIS 1740 (Tex. App.—Dallas...more

Ohio Appeals Court Affirms Dismissal Of City’s Public Nuisance Suit Against Banks

by BuckleySandler LLP on 4/5/2013

On March 21, the Court of Appeals of Ohio, Eighth Appellate District, affirmed a trial court’s dismissal of a suit by the city of Cleveland, which sought damages from several financial institutions involved in the creation of...more

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

by Craig Hoffman | BakerHostetler on 2/20/2013

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system. Global Payments later disclosed that Track 2 data (card...more

$193 Million RMBS Suit Against Countrywide Dismissed as Untimely

by Orrick - Structured Finance Group on 1/23/2013

On January 10, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed a $193 million suit brought by mutual fund Asset Management Fund against several Bank of America...more

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

by Molly Cusson, Thomas Gilbertsen, Ari Rothman | Venable LLP on 1/11/2013

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

Why and When to Conduct an Asset Search

by Edward Amaral on 9/15/2012

Asset Search services are one of those areas that most people know little about until they need them. For example, personal injury attorneys have conducted asset searches to satisfy their due diligence in finding a...more

Failure to Issue Litigation Hold Is Not Necessarily Gross Negligence, Second Circuit Holds

by Ballard Spahr LLP on 7/24/2012

In a decision that will surprise some, the U. S. Court of Appeals for the Second Circuit recently held in Chin v. Port Authority that the failure to issue a litigation hold is not gross negligence per se. This decision runs...more

Credit Rating Agencies’ Opinions Are Not Immune

by Bilzin Sumberg Baena Price & Axelrod LLP on 6/12/2012

Recently, U.S. District Judge Shira A. Scheindlin, Southern District of New York, rejected the contentions of Morgan Stanley & Co. Inc. and several ratings agencies, including Standard & Poor’s, Moody’s and Fitch, that credit...more

U.S. Automobile Dealers Sue Indian Truck Manufacturer For Fraud And Conspiracy

by Michael Diaz Jr. - Diaz Reus International... on 6/7/2012

ATLANTA, GA (June 5) – U.S. automobile dealers from across the country filed a lawsuit yesterday accusing the Indian truck manufacturer Mahindra & Mahindra, Ltd. and its U.S. counterpart of fraud, misrepresentation, and...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

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

Second Circuit Clarifies Standard Regarding Knowledge Of Facts That Constitute A Securities Fraud Violation For Purposes Of...

by Sheppard Mullin Richter & Hampton LLP on 3/21/2011

In City of Pontiac General Employees’ Retirement System v. MBIA, Inc., 2011 U.S. App. LEXIS 3813 (2d Cir. Feb. 28, 2011), the United States Court of Appeals for the Second Circuit delineated the standard needed to asses how...more

New York High Court Exonerates Advisers for Aiding and Abetting Corporate Fraud

by Michael Diaz Jr. - Diaz Reus International... on 2/9/2011

The Delaware Supreme Court recently affirmed a judge's order dismissing a derivative action fined against American International Group's outside auditor, PricehouseCoopers. Teacher's Ret. Sys. of La. v. PricehouseCoopers LLP,...more

Third Party "Alter Ego" Subpoena Quashed

by Katten Muchin Rosenman LLP on 1/31/2011

The U.S. District Court for the District of Nevada quashed a third party subpoena on a bank because the subpoena was overbroad. Plaintiffs sued a series of individuals and corporate entities for construction defects, fraud...more

Structured Finance Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 12/15/2010

Waivers Not Always a Bar to Claims: Judge Scheindlin of the Southern District of New York dealt a blow to defendants in securities fraud cases in an October 29, 2010 decision in King County v. IKB Deutsche Industriebank....more

Collecting Unpaid Wages Gets Easier

by Howard Ankin on 11/18/2010

Collecting Unpaid Wages Gets Easier: Illinois workers can now go straight to court to collect unpaid wages, as well as their legal fees, rather than first filing a complaint with the state; Employees can now sue not only...more

Deceptive Trade Practices Demand Letter - Inaccurate Credit Reporting

by Patricia L Brown & Associates on 11/3/2010

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

Illinois Supreme Court to File Opinions in Four Civil Cases Thursday

by Sedgwick LLP on 10/19/2010

The Illinois Supreme Court announced this afternoon that on the morning of Thursday, October 21, it will file opinions in four civil cases: J. P. Morgan Chase Bank, N.A. v. Earth Foods, Inc., No. 107682 -- Does Section 1...more

Bank of New York Escapes Liability Due to Court's Application of The Imposter Rule

by Sheppard Mullin Richter & Hampton LLP on 8/10/2010

On July 14, 2010, Justice Bernard J. Fried granted Bank of New York’s motion to dismiss a complaint alleging conversion in connection with the cashing of false checks. See Tripp & Co., Inc., v. The Bank of New York (Delaware)...more

Ninth Circuit Applies California UCL Standards, Confirming Recent State Law Precedents

by Barger & Wolen on 7/29/2010

In a follow up to last week's post regarding the Nelson v. Pearson opinion, the Ninth Circuit has now applied similar principles when applying California state law. In Rubio v. Capital One Company, the Ninth Circuit further...more

Georgia's Take On Holmes V. Grubman

by Sutherland Asbill & Brennan LLP on 3/9/2010

Law360, New York (March 09, 2010) -- On Feb. 8, 2010, the Georgia Supreme Court issued an opinion in response to three certified questions submitted by the U.S. Court of Appeals for the Second Circuit, holding that, under...more

Bullet"iln" Volume 5 Issue 2 - July 13, 2006

by International Lawyers Network on 7/13/2006

Is this Issue: *Helmut Kohl to Be Keynote Speaker at 18th Annual ILN Conference Distributed by PR Newswire on behalf of International Lawyers Network *A Celebration of the ILN's Founding Members May 10, 2006 -...more

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Personal Injury › Finance & Banking › Civil Procedure