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1 Jan 2018, 5:44 pm by Larry Tolchinsky
HSBC Bank USA, N.A., 190 So. 3d 160 (Fla. 4th DCA 2016). [read post]
3 Jun 2024, 4:31 am by Franklin C. McRoberts
The Dismissal Motion Pappas moved to dismiss the claim under CPLR 3211 (a) (7), submitting a lengthy affidavit arguing that there was “no such thing” as the joint venture Kefalas alleged, and that Kefalas has “merely taken the sum of a series of separate business ventures, for many of which Kefalas was not even a contracting party, and attempted to now combine them together as if they constituted a single, intertwined joint venture between us, which is demonstrably… [read post]
1 May 2012, 12:58 pm by Law Lady
JP MORGAN CHASE BANK, N.A., ET AL., Appellees/Cross-Claimants/plaintiffs. 3rd District.Appeals -- Timeliness -- Untimely motion for rehearing did not toll rendition of final order for purposes of appeal -- Appeal dismissedIVORY MILES, JR., Appellant, v. [read post]
18 Nov 2010, 12:37 pm by Bexis
We did a post the other day about, among other things, the applicability of the TwIqbal federal pleading standard in removed cases. [read post]
6 Aug 2011, 2:27 pm by Law Lady
Cohn of the Southern District of Florida rejected Pruco Life Insurance Co.'s argument that the "economic loss" rule barred a negligent-misrepresentation claim because Wells Fargo Bank N.A. only alleged economic harm. [read post]
9 Aug 2018, 6:21 pm by Wolfgang Demino
GOLDEN, Plaintiff,v.JP MORGAN CHASE BANK, NATIONAL COLLEGIATE TRUST, FIRSTMARK SERVICES, GOLDEN TREE ASSET MANAGEMENT LP, GS2 2016-A (GS2), NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-3, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-4, PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY D/B/A AMERICAN EDUCATION SERVICES, Defendants.Case No. 16-40809-ess, Adv. [read post]
25 Mar 2016, 8:36 am by John Elwood
Wells Fargo Bank, N.A., 15-712. [read post]
20 Jun 2014, 10:12 am by Don Cruse
It’s been a very agreeable year so far at the Court, which poses a challenge to those of us who track court statistics. [read post]
2 Mar 2017, 11:33 am by Austin B. Calhoun, Esq.
Abstention Alleged debtors should not overlook the use of the Court’s abstention powers when responding to the petition. [read post]
5 Nov 2018, 3:32 pm by Wolfgang Demino
Following a hearing, the trial court granted summary judgment in favor of Vance, and Lender now appeals, raising three issues that we consolidate and restate as: whether the trial court erred when it determined that Vance's debt on the student loan had been discharged in her Chapter 7 bankruptcy.We reverse and remand.Facts and Procedural HistoryOn October 22, 2006, Vance co-signed a student loan promissory note with Charter One Bank, N.A. [read post]
10 Jul 2023, 11:54 am by Katherine Gallo
(b) Using a discovery method in a manner that does not comply with its specified procedures. [read post]
17 Sep 2014, 10:30 am by Maureen Johnston
Bank of America, N.A. 13-1416Issue: Whether an order denying confirmation of a bankruptcy plan is appealable. [read post]
16 Dec 2011, 6:13 pm by WOLFGANG DEMINO
        In Re Service Corporation International (SCI) (Tex. 2011)      PER CURIAM OPINION OF THE TEXAS SUPREME COURT   This mandamus proceeding arises from an arbitration agreement governed by the Federal Arbitration Act (FAA). [read post]
19 Aug 2010, 2:50 pm by THE KONG FIRM PLLC
  For many employers, background checks are used to protect themselves from negligent hiring lawsuits. [read post]
9 Jul 2011, 3:12 pm by WOLFGANG DEMINO
The trial court granted Adams's request and ordered Langford to provide StaxxRing's books and records no later than July 2, 2009.Adams also amended his answer and counterclaim on July 1, adding third-party claims for conversion and negligence against Bank of America, N.A., the depository for StaxxRing's operating funds. [read post]
28 Apr 2015, 12:29 pm by WOLFGANG DEMINO
In GT Leach Builders LLC v Sapphire VP, LP, No. 13-0497 (Tex. 2015), a complex commercial dispute involving multiple parties and multiple contracts, the Texas Supreme Court recently addressed a number of important arbitration-related issues. [read post]