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327 results found

Article

Bradley Arant Boult Cummings LLP | USA | 7 Jul 2017

Nevada HOA Super-Priority Litigation Update: Nevada Supreme Court Rules in Favor of Lenders on Standing Issue

The Government-Sponsored Enterprises (GSEs) and their servicers scored a significant victory last week in the Nevada Supreme Court. In Nationstar

Article

Hunton Andrews Kurth LLP | USA | 21 Jul 2016

Delaware Bankruptcy Court Declines to Follow Second Circuit and Holds Safe Harbors Do Not Apply to Some State Law Fraudulent Conveyance Claims

The Bankruptcy Court for the District of Delaware recently held that the Bankruptcy Code Section 546(e) safe harbors do not prevent a liquidation

Article

Bradley Arant Boult Cummings LLP | USA | 15 Jul 2015

Nevada HOA super-priority lien statute preempted by federal law, holds U.S. District Court

On Monday, the U.S. District Court for Nevada issued significant decisions in three cases, holding that a foreclosure on a Nevada HOA's

Article

Beveridge & Diamond PC | USA | 23 Jan 2015

A municipal ordinance requiring registration and maintenance of vacant or foreclosed properties preempted under Chapter 21E

A municipal ordinance imposing registration and maintenance obligations upon owners and secured lenders of buildings that are vacant or undergoing

Article

Dorsey & Whitney LLP | USA | 24 Jul 2013

Eighth Circuit case raises NBA preemption questions

On July 9, 2013, the Eighth Circuit Court of Appeals decided JPMorgan Chase Bank, N.A. v. Johnson, Docket Nos. 12-2370, 12-2686, 12-3049 (8th Cir

Article

Ogletree Deakins | USA | 11 Sep 2012

NLRB loses again . . . this time perhaps temporarily

On September 5, 2012, in NLRB v. State of Arizona and Save Our Secret Ballot, Judge Frederick J. Martone of the U.S. District Court for the District of Arizona rejected the federal preemption challenge by the National Labor Relations Board (NLRB) to the provision in the Constitution of the state of Arizona requiring that union representation elections be conducted by secret ballot.

Article

Greenberg Traurig LLP | USA | 13 Aug 2012

California appellate court holds that FAA preempts CLRA prohibition against class action waivers

Recently, the California Court of Appeal (Fourth Appellate District, Division Three) in Caron v. Mercedes-Benz Financial Services USA LLC (filed June 29, 2012, published July 30, 2012) held that the Federal Arbitration Act (“FAA”) preempts the California Consumer Legal Remedy Act (“CLRA”) prohibition against class action waivers (Cal. Civ. Code section 1751) in arbitration agreements.

Article

Squire Patton Boggs | USA | 15 Nov 2011

Preemption of state law "fraud-on-the-FDA" exception finds its way back to the Sixth Circuit

The issue of whether a state law “fraud-on-the-FDA” claim is preempted by federal law will find its way back to the Sixth Circuit in the matter of Tiefenthal v. Genentech, Inc. et seq., in which the plaintiff seeks review of a decision from the District Court for the Western District of Michigan holding that the “fraud-on-the-FDA” exception to the immunity afforded pharmaceutical manufacturers under Michigan’s products liability statute (Mich. Comp. Laws 600.2946) is impliedly preempted by the Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.

Article

Dechert LLP | USA | 25 Oct 2011

The noose tightens around TPP economic loss claims

Yesterday, the Eleventh Circuit affirmed dismissal for failure to state a claim of TPP economic loss claims in the Trasylol litigation.

Article

Nutter McClennen & Fish LLP | USA | 31 Aug 2011

Court says bank must halt foreclosure, consider loan modification

The U.S. District Court for the District of Massachusetts recently ruled that borrowers may proceed with a lawsuit to prevent foreclosure of a residential mortgage loan where the borrowers claimed they were induced by the bank to default on the loan as a first step in negotiating a modification of the loan.

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