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8 Jul 2019, 5:35 am by Jeffrey Karek
The Supreme Court of New Jersey held that where a plaintiff challenges the validity of a transaction as a whole and not specifically the arbitration agreement that is included as part of a transaction, the plaintiff must arbitrate their claims because an arbitration agreement is… Jeffrey Karek [read post]
17 Oct 2019, 6:01 am by Jeffrey Karek
The Illinois Appellate Court, First District, recently held that an entity with only a purported equitable interest in a property was only a permissive party to a foreclosure and not a necessary party, and therefore the plaintiff mortgagee was not required to serve the entity… Jeffrey Karek [read post]
17 Jul 2018, 9:02 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff’s breach of contract claim against a defendant bank failed where the bank processed the consumer’s transactions in accordance with the terms of the agreement with the consumer, even though the… Jeffrey Karek [read post]
10 Jan 2019, 9:06 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that a putative class action against state entities and a private contractor for allegedly collecting and sharing personal data without authorization was essentially a local controversy and was therefore correctly remanded… Jeffrey Karek [read post]
4 Oct 2019, 7:51 am by Jeffrey Karek
Circuit recently held that a trial court did not abuse its discretion in denying class certification on the ground that common issues did not predominate where individual determinations of injury and causation would be required for at… Jeffrey Karek [read post]
20 Mar 2019, 12:40 pm by Jeffrey Karek
Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a bankruptcy trustee’s ability to avoid the defective lien because such notice is irrelevant to a trustee’s status… Jeffrey Karek [read post]
6 Mar 2019, 7:59 am by Jeffrey Karek
Court of Appeals for the Seventh Circuit held that merely requiring extrinsic evidence to interpret a provision of a form contract does not render class certification improper, and that absent a more thorough explanation of its reasoning from the trial court, it could… Jeffrey Karek [read post]
29 Nov 2018, 7:24 am by Jeffrey Karek
Germain Depository Institutions Act of 1982 did not provide a private cause of action, and because the state law claims… Jeffrey Karek [read post]
23 May 2018, 3:41 pm by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that where a mortgagee rescinded a notice of intent to accelerate and then filed a foreclosure action without first issuing a new notice of intent to accelerate, it failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to Read more → Jeffrey Karek [read post]
10 Sep 2018, 9:22 am by Jeffrey Karek
Accordingly, the Seventh Circuit reversed the ruling of the trial court,… Jeffrey Karek [read post]
30 Aug 2019, 9:41 am by Jeffrey Karek
Additionally, the Fifth Circuit certified the question of law to the Supreme Court of Texas… Jeffrey Karek [read post]
14 Aug 2019, 6:56 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that where a company sent dispute letters to a credit reporting agency on behalf of a consumer, but the consumer did not identify the items to be disputed, review the letters, or otherwise play any… Jeffrey Karek [read post]
12 Mar 2019, 7:04 am by Jeffrey Karek
The Appellate Court of Illinois, First District, recently held that a borrower’s general denial that the mortgagee performed the conditions precedent of the mortgage contract prior to filing a foreclosure action was insufficient under Illinois Supreme Court Rules and therefore constituted a forfeiture of the… Jeffrey Karek [read post]