News & Analysis as of

Assignments Standing

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -
WilmerHale

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

WilmerHale on

Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll,...more

Womble Bond Dickinson

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

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In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

McDermott Will & Emery

Employee Agreement of What “Shall Be” is Future Promise, Not Present Assignment

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The US Court of Appeals for the Federal Circuit concluded that university bylaws did not automatically effectuate a present automatic assignment of patent rights and affirmed the district court’s denial of a motion to dismiss...more

Patton Sullivan Brodehl LLP

Ninth Circuit Weighs in on “Preemptive” Challenges to Lender’s Authority to Foreclose

Can a California real property owner challenge a lender’s authority to foreclose before a foreclosure sale has occurred?  It’s looking less likely with each new appellate opinion....more

King & Spalding

Eleventh Circuit Dismisses Class Action Seeking Declaratory Relief Because Lead Plaintiff Lacks Standing

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On April 19, 2019, the Eleventh Circuit threw out a putative class action seeking declaratory relief against GEICO, citing the lead plaintiff’s lack of standing. The Eleventh Circuit’s decision was based on the long-settled...more

Patton Sullivan Brodehl LLP

The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters

For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful foreclosure based on defective assignments of the note or deed...more

Foley & Lardner LLP

Two Recent Examples of Challenges To Collect “Reasonable” Charges

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Two recent cases illustrate the continuing challenges providers, and in particular hospital providers, face when seeking to collect their charges when dealing with “out-of-network” patients....more

Dorsey & Whitney LLP

Can a Stock Photography Agency Bring a Copyright Lawsuit? The Ninth Circuit Says “Maybe,” and the Supremes Say Nothing

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Can a stock photography agency bring a copyright infringement lawsuit on behalf of individual photographers? According to the Ninth Circuit, the answer is “maybe.” ...more

McDermott Will & Emery

Don’t Count on Employment Agreement Promise of Assignment for Standing

Addressing whether a patent owner with incomplete ownership interest had standing to sue, the US Court of Appeals for the Federal Circuit upheld a district court’s decision, finding that the plaintiff did not have full...more

K&L Gates LLP

Recent 11th Circuit Decision Is a Victory for Health Care Providers Challenging Insurer Reimbursement Decisions and a Reminder of...

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The existence and scope of assignments of benefits from patients to health care providers continues to be critically important to a provider’s ability to challenge an insurer’s reimbursement decision under the Employee...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit: Medical Providers Lack ERISA Standing

The Ninth Circuit affirmed two district court decisions that concluded medical providers were not “beneficiaries” under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim...more

Troutman Pepper

Health Care Providers Should Review Assignment of Benefit Forms After 9th Cir. Decision

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A federal appeals court recently brushed aside the claims of several health care providers, in large part because of the language in the assignment forms signed by their patients. The opinion from the U.S. Court of Appeals...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Opens Door For Wrongful Foreclosure Lawsuits and Challenges to Transfers of Mortgages: Practical...

In Yvanova v. New Century Mortgage Corporation et al, the Supreme Court of California reversed the Court of Appeal’s ruling, and held that a borrower plaintiff who has been subject to a nonjudicial foreclosure has standing to...more

Holland & Knight LLP

West Coast Real Estate Update: March 2016 #1

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Supreme Court of California Makes Mortgage Due Diligence More Difficult - The Supreme Court of California ruled that borrowers have standing to challenge a foreclosure on the grounds that an assignment of the mortgage...more

Ballard Spahr LLP

Borrower Has Standing To Challenge Foreclosure Sale Based on Late Assignment of Deed of Trust, Calif. Supreme Court Rules; Many...

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The California Supreme Court has unanimously ruled in Yvanova v. New Century Mortgage Corp. that a homeowner has standing to bring a wrongful foreclosure action after a completed nonjudicial foreclosure sale on the grounds...more

Goodwin

California Supreme Court Rules in Yvanova That Borrowers May Have Standing To Allege Certain Defects In Assignments

Goodwin on

Do borrowers have standing to challenge a non-judicial foreclosure on the ground of alleged defects in an assignment from the original lender to a successor? This is a question that has divided courts, both in California and...more

Blank Rome LLP

CA Supreme Court Unanimously Holds that a Mortgage Loan Borrower Has Standing to Sue for Wrongful Foreclosure due to Allegedly...

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Action Item: In a ruling last week, the California Supreme Court supported Glaski and issued a narrow holding that, post-foreclosure, borrowers have standing to assert wrongful foreclosure based on allegations that an...more

Locke Lord LLP

California Supreme Court Finds Borrowers Have Standing To Challenge “Void” Assignment Of Loan After Foreclosure Sale

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On February 18, 2016, the California Supreme Court issued its eagerly anticipated decision inYvanova v. New Century Mortgage Corporation, et al., Case No. S218973, finding that a borrower has standing to state a claim for...more

Mintz - Securities Litigation Viewpoints

Court in BP Oil Spill Litigation Denies Standing for Special Purpose Entities Created Solely for Litigation

A January 4, 2016 opinion in the Southern District of Texas by Judge Keith Ellison (“Op.”) in the In re: BP p.l.c. Securities Litigation, MDL No. 4:10-md-2185, has taken up the issue of whether plaintiffs can properly assign...more

Miles & Stockbridge P.C.

Mortgage Assignment Validity

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In Marcuzzo v. Bank of the West, 862 N.W. 2d 281 (Neb. 2015), the Nebraska Supreme Court upheld a lower court’s ruling that the borrower-plaintiffs in a consumer foreclosure action lacked standing to challenge the validity of...more

K&L Gates LLP

How Are Your Assignment of Benefits Clauses Drafted? Recent Third Circuit Decision Highlights the Importance of Review of Provider...

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Healthcare providers virtually always rely upon assignment of benefits agreements executed by patients as a basis for reimbursement from health insurers. When those insurers fail to reimburse the provider altogether, or fail...more

Patterson Belknap Webb & Tyler LLP

Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers

Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case was brought by plaintiffs who allege that a...more

Haight Brown & Bonesteel LLP

California Supreme Court Grants Review of Homeowner's Wrongful Foreclosure Claims

On July 15, 2015, the California Supreme Court granted review of Boyce v. T.D. Service Company (2015) 235 Cal.App.4th 429. (Supreme Court Case No. S226267.) In Boyce, the Court of Appeal held that a plaintiff's wrongful...more

Bradley Arant Boult Cummings LLP

Borrowers Cannot Challenge Mortgage Assignments, Says Nebraska Joining Other States

Attacking sufficiency, accuracy, or validity of assignments of mortgages and deeds of trust has been among the most common strategies employed by borrowers to challenge foreclosures. Allegations regarding the status of MERS,...more

Troutman Pepper

Mortgage Notes: Those Nasty Assignments!

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In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) – The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the...more

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