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Wendy’s Data Breach Class Action Dismissed
  • Shook Hardy & Bacon LLP
  • USA
  • July 22 2016

A Florida federal court has dismissed a putative class action against The Wendy's Co. alleging the company failed to adequately secure its customers'


Fla. App. Court (4th DCA) Rules New Foreclosure Plaintiff Following Transfer of Servicing Failed to Prove Standing
  • Maurice Wutscher LLP
  • USA
  • July 19 2016

The District Court of Appeal of the State of Florida, Fourth District, recently reversed summary judgment in favor of a mortgagee, holding that a


After Inventor Dies, Patent Infringement Lawsuit Is Dismissed for Lack of Standing on Court's Own Motion
  • Jeffer Mangels Butler & Mitchell LLP
  • USA
  • June 27 2016

Chris Tavantzis and ChrisTrikes Custom Motorcycles, Inc. ("ChrisTrikes") filed a complaint against a number of individuals and entities that


Fla. App. Court (4th DCA) Holds Indorsement by Successor by Merger Not Sufficient to Confer Standing to Foreclose
  • Maurice Wutscher LLP
  • USA
  • June 6 2016

The District Court of Appeal of the State of Florida, Fourth District, recently reversed a final judgment of foreclosure, holding that the mortgagee


Does A Dismissal of a Foreclosure Action for Lack of Standing Prevent a Subsequent Action on the Same Default?
  • Rogers Towers PA
  • USA
  • June 2 2016

In Florida, a plaintiff seeking to foreclose a mortgage must have "standing" to foreclose the mortgage as of the date it files its foreclosure


Court Addresses AOBs and Standing to Sue
  • Butler Weihmuller Katz Craig LLP
  • USA
  • April 26 2016

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit ("AOB") litigation that has hit Florida over


Fourth DCA again addresses foreclosure standing
  • Shutts & Bowen LLP
  • USA
  • April 9 2016

Sometimes, even where the lender has the original note and introduces it into evidence at a trial in a foreclosure, the borrower challenges standing


Fla App Ct (4th DCA) Holds Foreclosure Invalid as Mortgagee Did Not Meet Its Burden to Prove Standing
  • Maurice Wutscher LLP
  • USA
  • March 25 2016

The District Court of Appeal of the State of Florida, Fourth District, recently reversed summary judgment of foreclosure in favor of a mortgagee


Second DCA Supports Constructive Possession to Show Standing but Requires Proof of Agency Relationship
  • Burr & Forman LLP
  • USA
  • March 9 2016

In a recent opinion, the Second District Court of Appeal explained its approval of agency relationship to establish that a plaintiff is entitled to


Eleventh Circuit Holds that Sub-Assignee Has Standing to Assert Claims
  • Haynes and Boone LLP
  • USA
  • December 22 2015

An ERISA plan participant assigned her claims for benefits under an employer-sponsored group health plan to her medical service provider. The service