Residential Real Estate Alternative Dispute Resolution (ADR)

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Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

Appellate Court Notes

SC19089 - Travelers Casualty & Surety Co. of America v. Netherlands Ins. Co. - Travelers brought a declaratory judgment action, claiming that the Netherlands Insurance Company had to participate in the defense costs of...more

Report From Counsel: Insights and Developments in the Law - Summer 2014

In this Issue: - Small Businesses and Job Discrimination - Noncompetition Agreements and Arbitration - Real Estate Deals Gone Wrong - Ensure Your Financial Privacy - Excerpt from Small...more

Too Little, Too Late: Seventh Circuit Reaffirms the Limits of a Registration Proceeding Under 28 U.S.C. § 1963

In Goldman v. Gagnard, No. 12-2706 (June 27, 2014), the Seventh Circuit (in an opinion authored by Judge Tinder) waded into a long-running, continent-spanning dispute, which it characterized as “Dickensian” in character,...more

A perspective on the continuing saga of construction defects law

Ever since 2003, when comprehensive legislation was passed to address abuses in the pursuit by the plaintiff’s bar of windfalls from massively overstated litigation claims regarding alleged construction defects in the...more

Nonresidential Condominium Bill Becomes Law

Last week Governor Rick Scott signed into law SB 440, which became Chapter 2014-14 of Florida Laws. This bill removes the requirements imposed on residential condominiums under the Florida Condominium Act regarding elections...more

Financial Services Report, Summer 2014

In This Issue: - Beltway Report - Bureau Report - Mobile Payments - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy Report - Arbitration Report - TCPA...more

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

Texas Supreme Court Opinions and Orders (5/14)

No. 12-0983, McAllen Hospitals, LP v. State Farm County Mutual Insurance Company of Texas - The Court addressed some of the mechanics of Hospital Lien Statute (Texas Civil Practice and Remedies Code chapter 55). State Farm...more

Condominium Construction Defects Legislation Introduced

Proposed legislation to reduce the cost of construction defect claims and encourage condominium construction has been introduced in the Colorado legislature. The long-awaited bill, Senate Bill 14-220, sponsored by Sen. Jessie...more

Washington Amends Foreclosure Mediation Procedures

On March 31, Washington Governor Jay Inslee signed into law HB 2723, which amends the foreclosure mediation process established by the 2011 Foreclosure Fairness Act. The bill, which takes effect June 12, 2014, amends the...more

Dodd-Frank News - March 2014: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases January Through March 2014 ..Dodd-Frank Amendments to RESPA ..Dodd-Frank Prohibition on Arbitration Clauses ..Whistleblower Protection Under Dodd-Frank - News &...more

Can You Keep Up? Emergence of CFPB and Significant Developments Transform Consumer Finance Landscape

In the wake of the 2008 financial crisis, Congress passed significant financial system reform legislation, the Dodd-Frank Act, which created a new regulator of financial institutions, the Consumer Financial Protection Bureau...more

Tale of the Texas Appraisal Provision

A long time ago in a land far, far away, property insurers and their insureds recognized that not every insurance dispute necessitated the expense and headache of a full-blown lawsuit. The result of this recognition was the...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 24, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more

Summary of Amendments to RI Foreclosure Mediation Regulation

This alert will discuss the Mediation Law and some of its unanticipated consequences, as well as the latest amendments to Banking Regulation 5. The latest amendments contain helpful clarification and guidance for...more

Financial Services Report - Quarterly News, Winter 2013

Editor’s Note - Stuff didn’t happen this quarter. Lots of it. The federal government didn’t happen for two weeks in October, which caused some to celebrate and others to wring their hands and clamor for a strong,...more

In Case You Missed It - Three Cases Impact W.Va. Consumer Finance Law

Confirmation of the W.Va. Attorney General's Authority to Hire Private Counsel on Behalf of the State - For more than a decade, the circuit courts in West Virginia have wrestled with the issue of whether the State...more

A Decision to Arbitrate in the Mountain State: The West Virginia Supreme Court of Appeals Rejects Retroactive Application of the...

The West Virginia Supreme Court of Appeals recently issued a decision addressing mandatory arbitration in connection with a residential mortgage loan that will impact litigants in the Mountain State and potentially influence...more

West Virginia Has A Change Of Heart About Arbitration

A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. There was not an unconscionability argument that the state didn’t seem to buy with respect to...more

Five Legal Topics for Washington Bankers to Consider This Fall

Summer vacations are over, and now bank management and directors need to focus on compliance. Below are five current legal topics that Washington bankers should be considering this fall. 1. Loans Secured by Residential...more

Changes to Rhode Island Foreclosure Statute Require Mediation for Certain Foreclosures

Changes to Rhode Island foreclosure law are set to become effective for certain mortgage foreclosures on September 12, 2013. New Section 34-27-3.2 entitled “Mediation Conference” has been added to Rhode Island General Laws,...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 9 & 16, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more

Rhode Island Adopts Foreclosure Mediation

On July 15, Rhode Island enacted HB 5335 to create a temporary foreclosure mediation program....more

Burr Alert: Case Summary Of Pulte Home Corp. v. Vermillion Homeowners Association

In a lawsuit alleging construction defects in homeowners’ individual townhomes, Florida's Second District Court of Appeal ruled that a homeowners’ association was bound by arbitration agreements between its members and the...more

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