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19 Jul 2017, 3:00 pm by WOLFGANG DEMINO
 WILFRED OMOLOH and KATHLEEN OMOLOH, Plaintiffs,v.BANK OF AMERICA, N.A., Defendant.Civil Action No. 4:17-cv-00160-O-BP.United States District Court, N.D. [read post]
1 Oct 2014, 9:07 am by Joy Waltemath
Sorema N.A., in which the Supreme Court held that an employment discrimination complaint need not set forth “specific facts establishing a prima facie case of discrimination” to survive a motion to dismiss, has continuing viability as modified by Twombly and Iqbal. [read post]
20 May 2019, 9:11 am by MOTP
Take Payday Lenders and Arbitration as a Textbook Case: What is the Majority Position on Litigation Waiver and Who Got It Right? [read post]
26 Mar 2018, 6:09 pm by Wolfgang Demino
(c) all counterclaims, cross-claims and third party claims; (d) all common law claims, based on contract, tort, fraud, or intentional torts; (e) all claims based on a violation of any state or federal constitution, statute or regulation; . . . [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]
18 Jun 2018, 5:27 pm by Wolfgang Demino
.; BANK OF AMERICA, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION; THE REGISTERED HOLDERS OF FANNIE MAE GUARANTEED REMIC PASS-THROUGH CERTIFICATES, Fannie Mae REMIC TRUST 2008-16; FNMA AA MSTR/SUB CW BANK; LAURIE MEDER; FANNIE MAE REMIC TRUST 2008-16, Defendants-Appellees.No. 16-51010.United States Court of Appeals, Fifth Circuit.Filed June 12, 2018.Mark D. [read post]
12 Feb 2019, 8:40 am by MBettman
Bank, N.A., 85 F.3d 970 (2d Cir. 1996) (Under federal law, claims are not automatically assigned to the subsequent purchaser of a security because the law “protect[s] those who are injured . . . not those who subsequently purchase securities at the reduced price. [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]
3 Dec 2011, 9:56 am by Law Lady
., Appellee. 1st District.Administrative law -- Agency for Health Care Administration -- Revocation of assisted living facility licenses, denial of licensure renewal applications, and imposition of administrative fines -- Claims against licensee were not proven where only evidence to support claims was uncorroborated hearsay -- Claim that licensee operated another assisted living facility without obtaining a valid license or qualifying for a license exemption was not proven where evidence was… [read post]
27 Mar 2018, 5:02 pm by Wolfgang Demino
Her bankruptcy schedule J shows that she has $2,902 in monthly living expenses, including $400 for rent, $800 for food, $200 for clothing, $553 for transportation, $100 for medical and dental, $200 for recreation and entertainment, and $489 for vitamins, health and beauty aids and a gym membership. [read post]
2 Jan 2013, 3:17 pm by assoulineberlowe
The complete list of new cases filed in the three United States District Courts filed in the last week and a half since Christmas Eve are below. [read post]