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8 Sep 2015, 5:02 am by Andrew Williamson
Court of Appeals for the Third Circuit recently affirmed certification of a nationwide class of mortgage loan borrowers that could include tens, if not hundreds, of thousands of class members. [read post]
24 Aug 2015, 1:21 pm by Andrew Williamson
However, the Court also held that the plaintiff bank lacked standing to challenge the […] Andrew Williamson [read post]
24 Aug 2015, 5:12 am by Andrew Williamson
Additionally, the Court held that a motion under Federal Rules […] Andrew Williamson [read post]
20 Aug 2015, 10:31 am by Ken White
Williamson ably told the story of yet another tumultuous hearing before the Ninth Circuit. [read post]
18 Aug 2015, 8:22 am by Andrew Williamson
Court of Appeals for the Second Circuit recently denied the defendant debt buyer’s petition for panel rehearing, or, in the alternative, for rehearing en banc, as to its ruling (discussed here) that federal National Bank Act preemption applicable to the loan originator does not allow a non-bank debt buyer to charge interest in […] Andrew Williamson [read post]
17 Aug 2015, 10:57 am by Andrew Williamson
Court of Appeals for the Third Circuit recently held, in a matter of first impression among all of the Courts of Appeals, that a debt collector bears the burden of proving that a communication with a third party falls within the exception for location information contained in subsection 1692b of the federal Fair […] Andrew Williamson [read post]
4 Aug 2015, 5:14 am by Andrew Williamson
The Florida Fifth District Court of Appeal recently quashed a trial court’s order that a mortgagee’s liability for past due HOA assessments was limited to the lesser of the 12 months of assessments prior to the mortgagee’s acquisition of title in connection with foreclosure, or 1 percent of the original mortgage debt, under the safe-harbor […]Andrew Williamson [read post]
21 Jul 2015, 11:38 am
District Judge Frank Seay entered a stay of execution that began a process culminating in Williamson’s exoneration. [read post]
20 Jul 2015, 8:43 am by Steven Eversole
Additional Resources: Deputy injured after Williamson County pursuit ends in wreck, July 10, 2014, Fox 6 More Blog Entries: Man Freed From Alabama Death Row, April 14, 2015, Birmingham Criminal Appeals Lawyer Blog [read post]
15 Jul 2015, 12:06 pm by Andrew Williamson
Court of Appeals for the Fourth Circuit recently reversed the dismissal of a Chapter 13 bankruptcy debtor’s complaint filed in federal district court alleging that defendants foreclosed on and sold the debtor’s home in violation of the automatic stay, holding that the federal district court had subject matter jurisdiction and the complaint adequately […]Andrew Williamson [read post]
10 Jun 2015, 11:30 am by Public Employment Law Press
The Appellate Division affirmed the Supreme Court’s ruling, explaining that “Under FOIL, agency records are presumptively available for public inspection, without regard to the need or purpose of the applicant, unless the requested documents fall within one of the exemptions set forth in Public Officers Law §87(2)," citing Williamson v Fischer, 116 AD3d 1169, leave to appeal denied, 24 NY3d 904.The court said that "[e]xemptions are narrowly construed,… [read post]
10 Jun 2015, 11:30 am by The Public Employment Law Press
The Appellate Division affirmed the Supreme Court’s ruling, explaining that “Under FOIL, agency records are presumptively available for public inspection, without regard to the need or purpose of the applicant, unless the requested documents fall within one of the exemptions set forth in Public Officers Law §87(2)," citing Williamson v Fischer, 116 AD3d 1169, leave to appeal denied, 24 NY3d 904.The court said that "[e]xemptions are narrowly construed,… [read post]
14 May 2015, 2:36 pm by Nancy E. Halpern, DVM, Esq.
Hopefully, an appeals court will follow and adopt this same reasoning in Perfect Puppy’s case, and give the store a chance to make the City pay just compensation for destroying its store and its owners’ dreams. [read post]