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29 Apr 2024, 11:00 pm
 A motion by the defendant under this subdivision does not constitute an appearance in the action.Given the lender’s failure to provide “sufficient cause for the delay,” the AD1 thought that the requested relief should have been granted, and the action dismissed.That sure foreclosed that ….# # #DECISIONWells Fargo Bank, N.A. v G. [read post]
28 Apr 2024, 1:53 pm by Jeffrey P. Gale, P.A.
Sun Bank Miami, N.A., 672 So.2d 37 (Fla. 3rd DCA 1996): Although an employee’s actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits. [read post]
17 Apr 2024, 12:50 pm by Mavrick Law Firm
NCNB Nat’l Bank of Fla., N.A., 622 So.2d 1063 (Fla. 3rd DCA 1993) (“To establish a fiduciary relationship, a party must allege some degree of dependency on one side and some degree of undertaking on the other side to advise, counsel, and protect the weaker party. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
Dan AronowitzMany of you may have seen the February 5, 2024 Wall Street Journal article (here) describing the new lawsuit filed against Johnson & Johnson accusing the company of mismanaging its workers’ prescription-drug benefits. [read post]
26 Jan 2024, 12:52 pm by Evan Brown
JPMorgan Chase Bank, N.A., 2024 WL 283474 (S.D.N.Y., January 25, 2024) See also: Customer was not “under duress” to agree to clickwrap agreement for continued services Court finds clickwrap independent contractor agreement enforceable Court holds browsewrap agreement not enforceable [read post]
16 Jan 2024, 3:39 am by Peter Mahler
Inspired or not by Stile, a more recent non-dissolution oppression claim popped up in Darwish Auto Group, LLC v TD Bank, N.A. in the context of a motion seeking preliminary injunctive relief. [read post]
8 Jan 2024, 4:55 am by Franklin C. McRoberts
Under this principle, “[i]t is not necessary that the precise legal theories presented in the first action also be presented in the second action” (JPMorgan Chase Bank, N.A. v Luxama, 172 AD3d 1341 [2d Dept 2019]), so long as both suits “aris[e] out of the same subject matter or series of alleged wrongs” (JFK Family Ltd. [read post]
26 Sep 2023, 9:01 pm by renholding
Several banks assigned portions of the term loan made to Millennium Laboratories LLC (“Millennium”) to institutional investor groups, including mutual funds, hedge funds and other institutions. [read post]
15 Sep 2023, 6:08 am by Andrew Lavoott Bluestone
” Wells Fargo Bank, N.A, v Osias, supra at 981 (internal quotation marks omitted). [read post]
31 Aug 2023, 3:15 am by John Jenkins
JPMorgan Chase Bank, N.A., a potentially significant case pending before the Second Circuit which presented the issue of whether syndicated loans were “securities” for purposes of the Securities Act. [read post]
28 Aug 2023, 4:59 am by Franklin C. McRoberts
Lincoln First Bank, N.A. v Sanford, 173 AD2d 65 [4th Dept 1991] [“The principal issue raised on appeal is whether Surrogate’s Court has subject matter jurisdiction over a stockholder derivative action . . . . [read post]