The Government-Sponsored Enterprises (GSEs) and their servicers scored a significant victory last week in the Nevada Supreme Court. In Nationstar
The Bankruptcy Court for the District of Delaware recently held that the Bankruptcy Code Section 546(e) safe harbors do not prevent a liquidation
On Monday, the U.S. District Court for Nevada issued significant decisions in three cases, holding that a foreclosure on a Nevada HOA's
A municipal ordinance imposing registration and maintenance obligations upon owners and secured lenders of buildings that are vacant or undergoing
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
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.
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.
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.
Yesterday, the Eleventh Circuit affirmed dismissal for failure to state a claim of TPP economic loss claims in the Trasylol litigation.
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.