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Results: 1-10 of 78

Sixth Circuit rejects effort to hold bank liable for fiduciary’s fraud

  • Squire Sanders
  • -
  • USA
  • -
  • May 3 2013

In Estate of William R. Barney, Jr. v. PNC Bank, the Court framed the issue as "whether Ohio law permits a principal to hold a bank liable for money

Sixth Circuit upholds dismissal of putative class action

  • Squire Sanders
  • -
  • USA
  • -
  • February 20 2013

In Christian County Clerk v. Mortgage Electronic Registration Systems, Inc., the Sixth Circuit upheld dismissal of an action brought by various

Sixth Circuit reverses denial of class certification

  • Squire Sanders
  • -
  • USA
  • -
  • February 18 2013

In Arlington Video Productions, Inc. v. Fifth Third Bancorp, the Sixth Circuit, in an unpublished decision, reversed summary judgment granted to

High Court dismisses borrowers’ appeals in Santander UK Plc v Harrison & Harrison

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • February 15 2013

On 7 February 2013, Mr Justice Males (sitting as a judge in the High Court) handed down judgment following the borrowers’ application for permission

Supreme Court, First Civil Chamber. Ruling dated June 20, 2012.

  • Squire Sanders
  • -
  • Spain
  • -
  • January 31 2013

The insolvency administrators (hereinafter, “the Plaintiff”) of the company Santa Teresa Materiales de Construcción S.L. (hereinafter “the Company”

Sixth Circuit affirms denial of class certification

  • Squire Sanders
  • -
  • USA
  • -
  • January 22 2013

Last week, in Miller v. Countrywide Bank, No. 12-5250, the Sixth Circuit applied the U.S. Supreme Court's Wal-Mart v. Dukes decision to affirm a

EBTs - loans

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • November 30 2012

The recent case of Murray Group Holdings Limited v HMRC TC 2372 concerned the tax implications of a loan to an employee from an employee benefit trust

Unfair consumers' clauses and payment procedures

  • Squire Sanders
  • -
  • European Union, Spain
  • -
  • November 20 2012

This article is intended to analyse the Order issued by the European Union Court of Justice deciding on the preliminary question raised by the Regional Court of Barcelona in relation to the existing conflict between EU law in regards to the protection that should be granted to consumers in professional commercial relations and the Spanish law that does not entitle judges to declare ex oficio payment procedure, and in limine Litis, the nullity of clauses that may be unfair to consumers

Appeal judge makes first decision reversing “unfair relationship” finding: Conlon v Black Horse Limited

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • November 16 2012

On 7 November 2012, Mr Justice Wilkie (sitting in the Leeds High Court and on an appeal) handed down an extempore judgment in Conlon v Black Horse Limited following an appeal by Black Horse Limited (“Black Horse”) against the finding by Mr Recorder Atherton (sitting in the Manchester County Court) that there was unfairness within the relationship between the parties within the meaning of Section 140A of the Consumer Credit Act 1974 (the “CCA 1974”) resulting from the sale of payment protection insurance (“PPI”) to Mrs Conlon

Timing is everything: Court of Appeal hands down decision on when claims under hire purchase agreements are time-barred

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • October 12 2012

On 10 October 2012, the Court of Appeal handed down an extempore judgment in BMW Financial Services (GB) Limited v Hart (2012) on an issue which will be of considerable interest to consumer and asset finance providers: when does the limitation period for bringing a claim for the unpaid balance expire?