News & Analysis as of

Res Judicata Rules of Civil Procedure

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order Addressing Pope County Fueling...

Administrative Law Judge (“ALJ”) Charles Moulton addressed in an August 16th Amended Recommended Decision (“ARD”) an issue arising out of the administrative litigation associated with Mena Short Stop, LLC (“Mena Short Stop”)....more

Latham & Watkins LLP

Fraud Unravels All – Even Post-Judgment

Latham & Watkins LLP on

English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more

Ward and Smith, P.A.

Can I Get Sued Over a Court-Authorized Foreclosure?

Ward and Smith, P.A. on

If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or other aggrieved party later sue to nullify the foreclosure sale or recover damages caused by the foreclosure? In the...more

Ward and Smith, P.A.

What's So Special About a Foreclosure Special Proceeding?

Ward and Smith, P.A. on

The North Carolina Supreme Court recently clarified that the North Carolina Rules of Civil Procedure and doctrines of res judicata and collateral estoppel do not apply to a non-judicial foreclosure special proceeding. This...more

Parker Poe Adams & Bernstein LLP

Foreclosures in North Carolina - Say Goodbye to Discovery and Res Judicata

Late December is a time of family, mistletoe and “presents under the tree.” It’s not usually the time when minds switch to the specifics of foreclosure procedure. Yet just before they retired for their Christmas break, the...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Supreme Court Rules that Dismissal of Foreclosure Action Returns Parties to their Pre-Foreclosure Action...

The Florida Supreme Court issued its long awaited decision in Bartram et al. v. U.S. Bank NA, case number SC14-1265, on November 3, 2016, affirming the decision of the Fifth District Court of Appeals in U.S. Bank Nat. Ass’n...more

Stoel Rives LLP

Faulty Notice of Hearing Not Enough to Stop Wal-Mart Supercenter

Stoel Rives LLP on

In Roberson v. City of Rialto, No. E058187 (Cal. Ct. App. 4th Dist., May 21, 2014), the Fourth Appellate District affirmed the trial court’s judgment, upholding several project approvals for a new commercial retail center in...more

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