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Maurice Wutscher LLP | USA | 27 Jul 2020

Calif. App. Court (1st Dist) Holds HBOR Does Not Require Borrower to Own the Collateral Property

The Court of Appeals of California, First District, recently reversed entry of judgment on the pleadings in favor of a mortgage loan servicer and the…
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Maurice Wutscher LLP | USA | 18 Feb 2020

9th Cir. Affirms Dismissal of TILA Claims as Barred by FIRREA

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a consumer’s Truth in Lending Act (TILA) claim for lack of subject…
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Maurice Wutscher LLP | USA | 26 Dec 2018

9th Cir. Holds State Contract Law SOL Applies to TILA Rescission Claims Following Timely Cancellation

The U.S. Court of Appeals for the Ninth Circuit recently held that Washington’s six-year statute of limitations governing contracts instead of the…
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Kramer Levin Naftalis & Frankel LLP | USA | 19 Sep 2016

Common Interest Privilege Limited to Litigation In New York

This summer, the New York Court of Appeals ruled that the common interest doctrine applies only when two parties and their respective counsel share…
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Jones Day | USA | 21 Jul 2016

New York Reins In "Common Interest" Doctrine

In June 2016, New York's highest court reversed an important 2014 decision by an intermediate appellate court that had expanded the application of…
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Baker & Hostetler LLP | USA | 22 Jun 2016

New York's Highest Court Reverses Appellate Division, Reaffirms Litigation Requirement for Common-Interest Privilege

In a recent decision reversing the Appellate Division of the Supreme Court of New York, First Judicial Department, the New York Court of Appeals…
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Epstein Becker Green | USA | 17 Jun 2016

NY High Court Rejects Expansion of Common-Interest Doctrine

In 2008, Ambac v. Countrywide defendants Bank of America Corporation and Countrywide Financial Corporation merged into a wholly-owned subsidiary of…
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Manatt Phelps & Phillips LLP | USA | 10 Jun 2016

Bank of America Wins Reversal of FIRREA $1.27B Penalty

A breach of contract is insufficient to also support a claim for fraud, the Second Circuit Court of Appeals has ruled, reversing a $1.2 billion…
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Baker & Hostetler LLP | USA | 1 Jun 2016

Reversal of Countrywide Fraud Verdict a Reminder of Government’s Heavy Burden of Proof

On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a jury's finding of civil fraud against Countrywide Home Loans and other…
Commentary
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Mayer Brown | USA | 10 Mar 2015

New York appellate court broadens common interest privilege

The New York appellate court recently held that the common interest privilege applies in non-adversarial contexts, rejecting prior case law that limited the privilege to situations where there is pending or reasonably anticipated litigation. In doing so, the court significantly broadened the scope of the common interest privilege to apply to communications between different entities in any......
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