The U.S. Court of Appeals for the Third Circuit recently overturned a $3.7 million attorney fee award in a class action settlement.
Posts published in “Commercial Law”
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s dismissal of a class-action lawsuit at the summary judgment stage for lack of Article III standing.
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s attorney fee award that reduced the prevailing plaintiff’s requested fees by over 75%, ruling that the trial court did not abuse its discretion.
The Illinois Court of Appeals, First District, recently affirmed a trial court’s order granting summary judgment in favor of a creditor against a guarantor, finding that the guaranty was continuing and therefore applied to a later note obligation, even though the note was issued some two years after the guaranty.
The U.S. Court of Appeals for the Fifth Circuit recently vacated and remanded a lower court’s award of over $4 million in attorney’s fees in connection with a class action settlement.
Illinois App. Court (1st Dist) Holds Claims Against Bank and Bank Officer for Fraud, Breach of Fiduciary Duty Were Time Barred
The Illinois Court of Appeals, First District, recently affirmed a trial court's ruling dismissing claims for fraud, breach of fiduciary duty, conversion, and tortious interference as untimely and further affirmed the dismissal of claims for respondeat superior liability, prejudgment interest and attorney’s fees on the basis that the substantive claims were untimely.
Illinois Supreme Court Holds Homeowner’s Insurer Could Not Reduce Loss Reimbursements by Depreciating Cost of Labor
The Supreme Court of Illinois recently held that a homeowner’s insurance company could not deduct depreciation from reimbursements for labor costs from the actual cash value of a covered loss, because the policy at issue did not specifically and unambiguously allow the practice.
Illinois App. Court (2nd Dist) Upholds Commercial Judgment Enforcement Against Two Officers of Corporate Guarantors
The Appellate Court of Illinois, Second District, recently affirmed the trial court’s entry of judgment in favor of the plaintiff mortgagee in a commercial mortgage foreclosure case, and against two corporate officers of two corporate guarantors.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the denial of a post-judgment motion filed by two class members to exclude themselves from the class settlement or alternatively enlarge their time to opt out in order for them to continue parallel litigation in state court.
The Supreme Court of the United States recently held that to prevail in a claim for racial discrimination under 42 U.S.C. § 1981, “a plaintiff must plead and ultimately prove that, but for race, it would not have suffered the loss of a legally protected right.”
Recklessly Disregarding a Nonexistent Risk of Harm: Does Including the Expiration Date on Electronically Printed Receipts Constitute Willful Noncompliance under FACTA?
The Fair and Accurate Credit Transactions Act prohibits merchants from including, among other information, credit- and debit-card expiration dates on printed receipts. After this provision originally became effective in 2004, plaintiff class-action firms flooded courts with expiration date lawsuits, which courts and others “met with varying degrees of contempt.”
The U.S. Court of Appeals for the Eighth Circuit recently held that the failure to present the issuer of a letter of credit with draw request before the appointment of a conservator does not necessarily preclude recovery of damages by the beneficiary.