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6 Jul 2011, 10:23 am
In the Discover Bank case, the Californian Supreme Court held that a class action waiver in a consumer contract is unconscionable:If the waiver is found in a consumer contract of adhesion where disputes between contracting parties involve small amounts of damages, andIf there is an allegation that the party with the superior bargaining power has made out a scheme to deliberately cheat large number of consumers.The Discover Bank Rule seems to target a party with… [read post]
6 Jul 2011, 10:23 am
In the Discover Bank case, the Californian Supreme Court held that a class action waiver in a consumer contract is unconscionable:If the waiver is found in a consumer contract of adhesion where disputes between contracting parties involve small amounts of damages, andIf there is an allegation that the party with the superior bargaining power has made out a scheme to deliberately cheat large number of consumers.The Discover Bank Rule seems to target a party with… [read post]
5 Jul 2011, 2:52 pm
Superior Court, 36 Cal. 4th 148, 113 P.3d 1100 (2005)(“Discover Bank“), and its progeny. [read post]
5 Jul 2011, 12:02 pm
App.Div. 2011), the Appellate Division of the New Jersey Superior Court reinstated claims by Sun National Bank against a law firm and its sole owner involving fraudulent transfers and civil conspiracy. [read post]
5 Jul 2011, 1:41 am
(The FDIC’s online list of failed bank lawsuits it has filed as part of the current wave of bank failures does not list a lawsuit involving BankUnited.). [read post]
4 Jul 2011, 10:15 am
(According to a footnote in the opinion, they’re called “inquest subpoenas” because the relevant statue says that ““[u]pon the written application of the state's attorney, a judge of the superior court may institute and conduct an inquest upon any criminal matter under investigation by the state's attorney” and “in furtherance of the inquest,” the “judge may issue necessary process to bring witnesses before [the court] to give… [read post]
3 Jul 2011, 4:12 pm
It found that the Superior Court had jurisdiction over the Fund's claim. [read post]
3 Jul 2011, 2:12 am
Having a foreclosure attorney handle negotiations is vastly superior to sending in a real estate agent, which is akin to showing up to an artillery duel with a sling-shot. [read post]
3 Jul 2011, 2:12 am
Having a foreclosure attorney handle negotiations is vastly superior to sending in a real estate agent, which is akin to showing up to an artillery duel with a sling-shot. [read post]
2 Jul 2011, 10:08 pm
Bankruptcy Court for the District of Delaware tells certain Washington Mutual ("WaMu") employees that they are "entitled only to general unsecured claims because they do not have a right to the funds that is superior to the rights of the other general unsecured creditors. [read post]
1 Jul 2011, 7:01 am
Research indicates that the decision in Shamil Bank v. [read post]
1 Jul 2011, 7:01 am
Research indicates that the decision in Shamil Bank v. [read post]
30 Jun 2011, 7:00 am
As a byproduct, that in turn makes slums into vote banks – even in 1884: Once in this district the vote cast for Alderman was so large that its genuineness was doubted even by the Grand Sachem [Of Tammany Hall --- Ed.], John Kelly, himself. [read post]
29 Jun 2011, 5:08 am
This post examines a recent decision from the Superior Court of New Jersey – Appellate Division. [read post]
29 Jun 2011, 3:25 am
Superior Court of Cal., Solano Cty., 480 U. [read post]
28 Jun 2011, 8:00 am
Superior Court, supra, 12 Cal.3d 447; Washington Mutual Bank v. [read post]
24 Jun 2011, 1:24 pm
[Readers: Set forth below is a thoughtful and detailed analysis of the Supreme Court's decision of Walmart v. [read post]
24 Jun 2011, 10:53 am
That said, you may want to consult a lawyer to help you push back against the bank that trying to take your home. [read post]
24 Jun 2011, 7:12 am
These top-tier investment banks have built up reputation as experts in capital markets transactions, which, theoretically, should ensure that they perform superior services for their clients in return for premium fees. [read post]
22 Jun 2011, 7:10 pm
Ya tenemos un PIB per cápita muy parecido a los que tienen la federación Rusa, superior al que tiene Brasil, al de China y al que tiene la India. [read post]
