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Posts published by “Ryan Grotz”

Ryan Grotz practices in Maurice Wutscher's Commercial Litigation, Consumer Credit Litigation, and Appellate groups. He has substantial experience in all phases of commercial litigation, including motion practice, written discovery, depositions, mediations, and bench and jury trials. Ryan received his Juris Doctor from the Chicago-Kent College of Law, where he was an associate editor on the Access to Justice Student Editorial Board. He was awarded his Bachelor of Business Administration degree from the University of Iowa. Ryan is licensed to practice law in Illinois and the U.S. District Court for the Northern District of Illinois. For more information, see https://mauricewutscher.com/attorneys/ryan-grotz/

Calif. App. Court (5th Dist) Holds Lender’s Action to Remove Prior Lien Was Time-Barred

The Court of Appeal of the State of California, Fifth District, recently held a trial court incorrectly applied the statute of limitations on an alleged quiet title claim, where the statute of limitations to foreclose a first deed of trust had already run, and the lien had been extinguished, prior to the filing of the alleged quiet title claim.

9th Cir. Holds Nevada HOA ‘Superpriority Lien’ Statute Does Not Violate Takings or Due Process Clauses

The U.S. Court of Appeals for the Ninth Circuit recently held that the application of Nevada’s “superpriority lien” statute was not an uncompensated taking under the Takings Clause nor did it violate the Due Process Clause of the U.S. Constitution.

Illinois App. Court (1st Dist) Holds Bank Did Not Reasonably Rely on Borrowers’ Misrepresentations

The Illinois Court of Appeals for the First District recently held a bank was not justified in relying on borrowers’ misrepresentations made during a loan modification process, where the borrowers’ prior conduct presented the bank with reason to follow up on the borrowers’ misrepresentations, and the misrepresentations would not have been hard to discover.

7th Cir. Rejects FDCPA Claims That Collection Letters Falsely Implied Future Interest and Late Fees

The U.S. Court of Appeals for the Seventh Circuit recently held that factually accurate collection letters that did not make explicit or implicit suggestion about future outcomes did not violate the federal Fair Debt Collection Practices Act as they would not confuse or mislead the reasonable unsophisticated consumer.

Calif. App. Court (4th Dist) Rules Arbitration Clause Invalid Due to Prohibition on Injunctive Relief

The Court of Appeals of the State of California, Fourth Appellate District, recently held that an arbitration provision contained in a credit card agreement was unenforceable because it sought to bar a customer from pursuing “in any forum” his claim for a public injunction.

Calif. App. Court (4th Dist) Rejects Jurisdictional Challenge in Website Accessibility Case

In an action challenging the accessibility of a website to blind and visually impaired people, the Court of Appeals of the State of California, Fourth Appellate District, recently held that a California court may exercise specific jurisdiction over a Georgia LLC where the LLC purposefully availed itself of the privilege of conducting business in California by sending catalogs and selling over $300,000 worth of goods to California residents.

Calif. App. Court (1st Dist) Rejects Claims Against Digital Currency Exchange Regarding Unsupported Currency

The Court of Appeals of California, First District, recently held that online digital currency exchange platforms have no obligation, in contract or in tort, to honor "forked" cryptocurrencies unless affirmatively provided for in a user agreement or otherwise.