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Bank of America, N.A., and remanded it back to the Second Circuit and instructed the appellate court to analyze whether New York’s law requiring interest to be paid on mortgage escrow accounts is preempted under the Dodd-Frank Act by applying the Barnett Bank standard.... [read post]
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Bank of America, N.A. subsequently acquired Countrywide Bank, N.A. [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
Bank Tr., N.A., 221 AD3d 678 [2d Dept 2023] [quotations omitted] [emphasis added]). [read post]
12 May 2024, 9:01 pm by renholding
An increasing number of states have enacted or are considering enacting legislation requiring financial institutions to provide customers “fair access” to financial services. [read post]
17 Apr 2024, 12:50 pm by Mavrick Law Firm
A fiduciary relationship exists when an individual must act in the interests of another. [read post]
8 Apr 2024, 10:08 am by admin
The limits of peer review ultimately make it a poor proxy for the validity tests posed by Rules 702 and 703. [read post]
20 Feb 2024, 12:40 pm by Peter Klose
Bank Trust, N.A. v Gedeon, 181 AD3d 745, 747; Matter of Blango, 166 AD3d 767, 768; Kraker v Roll, 100 AD2d 424, 429). [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. [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]
24 Oct 2023, 6:41 am by Reid F. Herlihy
Bank of America, N.A., involving National Bank Act (NBA) preemption of New York’s law requiring that interest be paid to consumers on mortgage escrow account funds. [read post]