Burr & Forman

Did the Fourth Circuit Just Create a Cause of Action for “Unconscionable Inducement” Under West Virginia Law?

In McFarland v. Wells Fargo Bank, N.A., 14-2126 (4th Cir. Jan. 15, 2016), the Fourth Circuit Court of Appeals examined the argument that a loan was substantively unconscionable because it vastly exceeded the worth of the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Avoiding A Water Crisis Similar to That of Flint Will Require Both Technical and Practical Effort

The problems with the quality of drinking water in Flint, Michigan, are not necessarily an isolated collection of failures. From a technical standpoint, the potential for lead leaching into drinking water systems in many places…more
| Energy & Utilities, Environmental Law

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

Florida’s 5th DCA Joins 2d and 3d, Expressly Adopts Substantial Compliance Standard

The brief era of confusion amongst Florida trial judges regarding the standard for judging compliance with conditions precedent in residential mortgage foreclosures is hopefully coming to a close. Despite a rash of written…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Labor & Employment E-Note - January 2016

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. This article reviews how, in rapid succession, the Board broke decades-old precedent in five different ways, and explores three more possible…more
| Labor & Employment Law

Appellate Court Refuses to Vacate Voluntary Dismissal Undertaken With Mistaken Belief Claim Was Time-Barred

In Cottrell as Trustee v. Taylor, Bean & Whitaker Mortgage Corp., 41 Fla. L. Weekly D141f, 2D14-5885 (Fla. 2d DCA Jan. 8, 2016), Florida’s Second District Court of Appeal examined the applicability of Rule 1.540(b) to notices of…more
| Civil Procedure, Finance & Banking, Military Law, Real Estate - Residential

Burr Alert: Changes to Federal Overtime Exemption Rules Coming in July 2016: What Your Workplace Must Know and Do to Prepare

The U.S. Department of Labor ("DOL") recently announced its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are expected…more
| Labor & Employment Law

Burr Alert: New Tennessee Reporting Requirements for Banks and Online Payment Networks

With the start of the 2016 tax reporting season, taxpayers making certain payments to a person or entity with a Tennessee address may find that Tennessee has added to the number of information returns they need to file…more
| Communications & Media Law, Finance & Banking, Taxation

Errant Clerk’s Default Must be Set Aside Regardless of Excusable Neglect, Due Diligence, Meritorious Defenses

In Stuart-Findlay v. Bank of America, N.A., 2010CA014370, 41 Fla. L. Weekly D207a (Fla. 4th DCA 2014), Florida’s Fourth District Court of Appeal held that a clerk’s default entered in error should have been set aside, regardless…more
| Civil Procedure, Finance & Banking

Supreme Court Holds Offer of Settlement/Judgment Does Not Moot Claims Under Certain Circumstances

Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 WL 228345 (U.S. Jan. 20, 2016) In a much anticipated decision, a majority of the United States Supreme Court held that unaccepted offers of full judgment and settlement do not…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Consumer Protection

New York District Court Holds TCPA Claim Within Scope of Arbitration Provision

Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a “big box” electronic store card,…more
| Alternative Dispute Resolution (ADR), Communications & Media Law, Finance & Banking, Privacy, Consumer Protection

Banking & Financial Services E-Note - January 2016

In Deutsche Bank Nat’l Trust Co. v. Estrella Perez, et al., No. 3D15-58, 2015 WL 8347002 (Fla. 3d DCA Dec. 9, 2015), Florida’s Third District Court of Appeal held that the trial court erred in dismissing a foreclosure case on…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve…more
| Civil Procedure

M.D. Fla. Holds Bankruptcy Code Preempts FDCPA For Filing Time Barred Proofs of Claim

In Castellanos v. Midland Funding, LLC, 15-CV-559 (M.D. Fla. Jan. 4, 2016) the United States District Judge John Steele joined with several of his Middle District of Florida colleagues and held that the Bankruptcy Code preempts…more
| Bankruptcy, Civil Procedure, Conflict of Laws, Consumer Protection, Finance & Banking

Burr Alert: Our Military and Special Needs Trusts for Dependents

Prior to 2015, members of and retirees from the military could not designate any portion of their military Survivor Benefit Plan ("SBP") to a special needs trust ("SNT"), even when a child of that service member needed the…more
| Military Law, Wills, Trusts, & Estate Planning
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