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274 results found

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Riker Danzig Scherer Hyland & Perretti 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…
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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......
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Buckley 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…
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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…
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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......
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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…
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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…
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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…
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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…
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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…
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