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Appeals › Assignees

Jaburg Wilk

Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

Jaburg Wilk on

The Holding - In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss...more

Knobbe Martens

Gregory C. James v. J2 Cloud Services

Knobbe Martens on

Federal Circuit Summaries - Before Reyna, Taranto, and Hughes. Appeal from the United States District Court for the Central District of California Summary: An individual claiming sole inventorship of a patent has...more

Proskauer - Minding Your Business

Standing in the Shoes of a Suspended Corporation under California Law

Proskauer - Minding Your Business on

A California Court of Appeal recently provided a reminder that under Code of Civil Procedure § 368, assignment of a right to recover money or other personal property (“a thing in action”) is subject to any defense existing at...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19378 - State v. Francis - SC19411 - State v. Wright - Appellate Court Advance Release Opinions: AC35949 - State v. Porter - AC36656 - State v. Gonzalez - AC36971...more

Shutts & Bowen LLP

No right to jury trial in foreclosure, even where lender seeks money judgment on promissory note

Shutts & Bowen LLP on

Given the choice, a borrower in foreclosure may prefer that a jury determine her fate, rather than a judge.  But by statute, “[a]ll mortgages shall be foreclosed in equity” and “foreclosure claim[s] shall, if tried, be tried...more

Bryan Cave Leighton Paisner

Bibby Factors Northwest Limited v HFD Limited and MCD Group Limited: Buyers of debt beware

Bryan Cave Leighton Paisner on

In Bibby Factors Northwest Limited v HFD Limited and MCD Group Limited the Court of Appeal held that a company whose debt has been purchased (the “Debtor”) is under no obligation to inform the purchasing party (the “Funder”)...more

Cadwalader, Wickersham & Taft LLP

Second Circuit Holds Application of State Usury Laws to Third-Party Debt Purchasers Not Preempted by National Bank Act

Cadwalader, Wickersham & Taft LLP on

On May 22, 2015, in Madden v. Midland Funding, LLC (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National...more

Burr & Forman

Servicer Foreclosing in Own Name Must Establish Standing and Ratification by Real Party in Interest

Burr & Forman on

In Russell v. Aurora Loan Services, LLC, 40 Fla. L. Weekly D967a (Fla. 2d DCA Apr. 24, 2015), Florida’s Second District Court of Appeal added to the emerging line of case law regarding the proof required to establish standing...more

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