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Riker Danzig LLP | USA | 1 Jun 2017
New York Federal Court Dismisses Mortgagee’s Complaint and Holds Citizenship of Nominal Defendant MERS Cannot Be Controlling for Diversity Jurisdiction Purposes
In an action filed by plaintiff mortgagee in federal court purportedly under diversity jurisdiction, the United States District Court for the…
RPC | Hong Kong | 30 May 2017
Reserving right to challenge jurisdiction
A recent decision underlines the need for caution on the part of defendants and their legal advisers when considering a jurisdictional challenge. In particular, prior to the determination of a challenge to jurisdiction, defendants should think carefully before making any application to the court for relief, to ensure that in doing so they are not invoking the court's jurisdiction. While......
Orrick, Herrington & Sutcliffe LLP | USA | 4 Apr 2017
Not-For-Profit Educational Organization Claims Department of Education Lacks Transparency over Number of Student Loan Failures
On March 20, a not-for-profit educational organization (Plaintiff), announced a FOIA lawsuit against the U.S. Department of Education (Defendant) in…
Mayer Brown | USA | 3 Nov 2016
Florida Supreme Court Holds that Each Default Resets the Statute of Limitations for Filing a Foreclosure Complaint
On November 3, in a case that was closely watched by industry participants, the Florida Supreme Court held that a mortgagor's default that occurs…
Dentons ACAS-LAW | Nigeria | 6 Sep 2016
Court rules garnishee proceedings cannot continue when stay of execution has been filed
While the filing or granting of a motion for a stay of execution will stop the enforcement of a judgment by writ of execution, some judicial authorities have ruled that a motion or order for a stay of execution does not stop garnishee proceedings to attach funds belonging to the judgment debtor in a bank or third parties. However, in a ground-breaking decision, the Court of Appeal recently......
Baker McKenzie | Spain | 31 Aug 2016
Is default interest deductible from Corporate Income Tax?
Whether default interest following verification or inspection procedures is deductible depends on the fiscal year under inspection and the date when…
Baker McKenzie | USA | 19 Jul 2016
Foreign Sovereign Immunities Act. Separation of Powers. Supreme Court holds that an act of Congress specifically directed at ongoing litigation does not violate the separation of powers doctrine.
In this case, Bank Markazi, the Central Bank of Iran, challenged the attempts of Respondents to execute judgments obtained against Iran under the…
Torkin Manes LLP | Canada | 19 Jul 2016
On Second Thought: Overturning Damages Awards on Appeal
In Canada, appeal Courts are usually reluctant to overturn damages awarded by a trial judge. The rule is that an appeal Court should not interfere…
Ashfords LLP | United Kingdom | 8 Jul 2016
Setting aside judgment in default
In Rushworth v Harvey [2016] EWHC 1386 (QB), the High Court has considered various procedural irregularities in the context of an application to set…
Foster Swift Collins & Smith PC | USA | 5 Jul 2016
Chapter 13 Trustee Must Return Funds to Debtor Following Dismissal of Case
What happens to funds held by a Chapter 13 trustee (the “Trustee”) in the event that a Chapter 13 debtor dismisses her case voluntarily? That’s the…
