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Connecticut Supreme Court Holds Lender Entitled to Tribal Sovereign Immunity as an “Arm of the Tribe”

USA - June 10 2021 In a case of first impression, the Connecticut Supreme Court recently held that that (1) an entity claiming “arm of the tribe” status for purposes of…

Desiree McDonald, Michael Crowley, Michael R. O’Donnell.

Second Circuit Affirms Standing to Allege Violation of State Mortgage Satisfaction Statute in Federal Court

USA - June 8 2021 In a case of first impression with Constitutional implications, the Second Circuit found that a mortgagor had standing to sue under Article III of…

Desiree McDonald, Michael Crowley, Michael R. O’Donnell.

New Jersey Appellate Division Finds Lack of Endorsement Does Not Prevent Valid Transfer and Negotiation of an Electronically Deposited Check

USA - June 1 2021 In a decision approved for publication, New Jersey’s Appellate Division recently affirmed the dismissal of an enforcement action against an issuer of…

Desiree McDonald, Michael Crowley, Michael R. O’Donnell.

New York Federal Court Finds “Compelling Circumstantial Evidence” of Credit Union Mailing Sufficient for Agreement to Arbitrate

USA - May 18 2021 The United States District Court, Eastern District of New York, recently found that where a credit union is able to show “compelling circumstantial…

Desiree McDonald, Michael Crowley, Michael R. O’Donnell.

New York Court Finds “Occasional Forays” by True Owner is Insufficient to Defeat Adverse Possession Claim

USA - May 6 2021 The New York Supreme Court, Nassau County, recently dismissed a motion to quiet title, finding that “occasional forays” by a true owner is…

Desiree McDonald, Michael Crowley, Michael R. O’Donnell.