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21 Dec 2017, 2:58 am
” (para 54) Summary The Supreme Court has dispensed with the unreasoned distinction for the situs of debts under letters of credit created by Power Curber International Ltd v National Bank of Kuwait SAK [1981] 1 WLR 1233 and issued third party debt orders notwithstanding the collateral contractual right of the CBI under the l/cs that payment would be made in a certain way. [read post]
21 Dec 2017, 2:57 am
Field J held as follows: The situs of the debt owed under the letters of credit was the residence of the debtor, Crédit Agricole, which was London and not the place of payment, New York (distinguishing Power Curber International Ltd v National Bank of Kuwait SAK [1981] 1 WLR 1233). [read post]
18 Dec 2017, 9:01 pm
In 1986, the Supreme Court gave the green light to the approach set out by the EEOC, holding, in Meritor Savings Bank v. [read post]
17 Dec 2017, 3:28 pm
The account at issue in Madden v Midland involved an open-end credit card plan (aka credit card account) and the account was not sold by Bank of America to an unaffiliated national bank, contrary representation by the Curious authors notwithstanding. [read post]
17 Dec 2017, 3:28 pm
The account at issue in Madden v Midland involved an open-end credit card plan (aka credit card account) and the account was not sold by Bank of America to an unaffiliated national bank, contrary representation by the Curious authors notwithstanding. [read post]
14 Dec 2017, 8:30 am
Last week, the military commission in United States v. [read post]
12 Dec 2017, 4:36 pm
This new team will “apply the lessons learned from [past securities fraud] cases and leverage data analytics and technology to identify large-scale misconduct affecting retail investors. [read post]
12 Dec 2017, 9:57 am
Neither defendant is a national bank. [read post]
12 Dec 2017, 9:57 am
Angel Rzeslawsk,The National Bank Act and the Demise of State Consumer Laws, 68 Hastings L.J. 1421 (2017).CASE CITE: Madden v. [read post]
11 Dec 2017, 6:12 am
In Madden, the Second Circuit ruled that a nonbank that purchases loans from a national bank could not charge the same rate of interest on the loan that Section 85 of the National Bank Act allows the national bank to charge. [read post]
10 Dec 2017, 8:16 am
But at the same time it also affirms that attacks did occur, and attacks perhaps of a more strategically potent sort.The case has plunged the US medical community into uncharted territory. [read post]
6 Dec 2017, 2:48 pm
That's the question the United States Supreme Court considered on Monday in the case of Rubin v. [read post]
5 Dec 2017, 9:50 am
ICYMI: Yesterday on Lawfare Robert Chesney argued that the government's arguments in ACLU v. [read post]
4 Dec 2017, 9:17 am
Last week, the Supreme Court heard Digital Realty Trust v. [read post]
3 Dec 2017, 4:04 pm
Canada On 29 November 2017 the Supreme Court heard the appeal in the “forum shopping” case of Goldhar v Haaretz. [read post]
2 Dec 2017, 1:39 pm
Here is a pleading template for a post-judgment motion to challenge a default judgment entered in favor of any one of the multiple National Collegiate Student Loan Trusts. [read post]
30 Nov 2017, 11:50 am
The United States described the evolution of its position on Jerusalem from this point forward in its 2014 merits brief in the matter of Zivotofsky v. [read post]
30 Nov 2017, 5:08 am
In the 1986 case Meritor Savings Bank v. [read post]
29 Nov 2017, 11:26 am
In the case of Smith v. [read post]
28 Nov 2017, 7:32 am
Kohn, Executive Director of the National Whistleblower Center, the case will impact the rights of thousands of employees: “Digital’s argument defies logic and common sense. [read post]
