Search for: "Jeffrey Karek"
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17 Oct 2019, 6:01 am
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]
8 Jul 2019, 5:35 am
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]
19 Nov 2018, 7:14 am
Accordingly, the… Jeffrey Karek [read post]
25 May 2017, 6:53 am
A copy […] Jeffrey Karek [read post]
8 Nov 2018, 5:52 am
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… Jeffrey Karek [read post]
22 Jul 2019, 9:27 am
In determining the legal standard for holding a creditor in civil contempt for attempting to collect a debt in violation of a bankruptcy discharge order, the Supreme Court of the United States adopted an “objectively reasonable” standard, and held that a court may hold a… Jeffrey Karek [read post]
9 Jul 2019, 7:52 am
Court of Appeals for the First Circuit, on an issue of first impression at the federal appellate level, recently held that the Merrill doctrine – which prevents federal government instrumentalities from being bound by the unauthorized acts of their agents – applies to… Jeffrey Karek [read post]
20 Aug 2018, 8:13 am
Court of Appeals for the Seventh Circuit recently held that, unless the parties to a class action settlement agreement expressly agree otherwise, class settlement agreements should not be read to bar objectors from requesting fees for their efforts in adding value to a… Jeffrey Karek [read post]
3 Apr 2018, 6:40 am
In so ruling, the Read more → Jeffrey Karek [read post]
29 Nov 2018, 7:24 am
Germain Depository Institutions Act of 1982 did not provide a private cause of action, and because the state law claims… Jeffrey Karek [read post]
20 Mar 2019, 12:40 pm
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]
17 Jul 2019, 8:00 am
Court of Appeals for the District of Columbia Circuit held that where a company provided a consumer with a receipt that displayed her entire 16-digit credit card number and credit card expiration date in violation of the federal Fair and Accurate Credit Transactions… Jeffrey Karek [read post]
6 Mar 2019, 7:59 am
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]
5 Nov 2019, 7:52 am
The Court of Appeal of the State of California, First Appellate District, recently held that a forum selection clause in favor of a New York forum was unenforceable where the clause included a predispute jury trial waiver, which is unenforceable under California law but which… Jeffrey Karek [read post]
5 Jun 2019, 7:22 am
Circuit held recently that plaintiffs failed to offer sufficient evidence to create a genuine dispute of fact as to their accounting and fraudulent concealment claims against a bank based on the disappearance of funds from a savings… Jeffrey Karek [read post]
23 May 2018, 3:41 pm
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]
13 Aug 2018, 8:46 am
§ 1658(a) applies to private suits alleging violations of section 303(c) of the federal Servicemembers Credit… Jeffrey Karek [read post]
12 Mar 2019, 7:04 am
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]
30 Aug 2019, 9:41 am
Additionally, the Fifth Circuit certified the question of law to the Supreme Court of Texas… Jeffrey Karek [read post]
10 Sep 2018, 9:22 am
Accordingly, the Seventh Circuit reversed the ruling of the trial court,… Jeffrey Karek [read post]
