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Posts published by “D. Sharmin Arefin”

2nd Cir. Reverses Judgment in Favor of Bank Employer on ‘Remote Work’ Pregnancy Discrimination Claims

In a case involving allegations that a bank employer violated state and federal laws by not allowing an employee to work remotely from home when she became pregnant, the U.S. Court of Appeals for the Second Circuit recently vacated in part the trial court’s judgment adopting the jury’s verdict in the bank’s favor and the trial court’s disqualification order in the bank’s favor, and dismissed the appeal in part as to the employee’s claim under the New York State Human Rights Law (NYSHRL), remanding for further proceedings. A copy of the opinion in Sheng v. M&TBank Corporation is available at:…

11th Cir. Upholds Denial of Arbitration, Holds Trial Not Required If No Genuine Issue of Material Fact

In a case involving the enforceability of so-called “clickwrap” web-based agreements, the U.S. Court of Appeal for the Eleventh Circuit recently affirmed the denial of a defendant’s motion to compel arbitration, holding that the defendant failed to prove the existence of an agreement to arbitrate. Because the Court found that the defendant offered no competent evidence to demonstrate the existence of a genuine issue of material fact concerning the existence of an arbitration agreement, the debt buyer’s motion to compel arbitration must be denied as a matter of law without the need for a trial. A copy of the opinion…

MD Ga. Holds SOL on Security Deed is 21 Years, Wrongful Foreclosure Claim May Stand Independently of Fraud Claim

The U.S. District Court for the Middle District of Georgia recently held that when a mortgagee makes some affirmative misrepresentation or action that renders a foreclosure sale unfair, a claim for wrongful foreclosure may stand independently of a claim for fraud. The Court also held that the statute of limitations on a claim under a security deed is 21 years, if the security deed is a sealed instrument under Georgia law. A copy of the opinion in Malone v. Federal Home Loan Mortgage Corporation is available at:  Link to Opinion. On Aug. 26, 2007, in connection with a refinance mortgage…

11th Cir. Holds Obvious Unilateral Mistake Rendered ‘Bargain Basement’ Short Sale Price Unenforceable

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed summary judgment in favor of a mortgage loan servicer, holding that the trial court correctly refused to enforce the servicer’s acceptance of a short sale offer that contained an obvious clerical error in the form of a “bargain basement price.” A copy of the opinion in Patterson v. CitiMortgage, Inc. is available at:  Link to Opinion. A borrower defaulted on a $550,000 mortgage loan in 2008 and wanted to sell his house to a third party through a short sale. The servicer made clear in the short sale payoff letter that…