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.
Posts published in “Litigation”
In a per curiam opinion, the Supreme Court of the United States recently held that the Director of the Centers for Disease Control and Prevention (CDC) exceeded its authority when it "imposed a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID–19 transmission and who make certain declarations of financial need."
The U.S. Court of Appeals for the Ninth Circuit recently affirmed in part and reversed in part a trial court's judgment in an action brought by two landowners against their title insurance companies for indemnification and breach of contract.
In an action by a general contractor against a bank arising out of a construction loan, the Wisconsin Supreme Court recently held that the trial court properly exercised its discretion when it imposed a default judgment against the defendant bank as a sanction for discovery violations.
The U.S. Court of Appeals for the Eighth Circuit recently reversed and remanded a trial court’s certification of a class under Federal Rule of Civil Procedure 23(b)(3).
The U.S. Court of Appeals for the Sixth Circuit recently denied an emergency motion to stay a trial court’s order ending the federal Centers for Disease Control and Prevention’s moratorium on residential evictions.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order granting a putative class plaintiff’s motion to remand a case back to state court for lack of standing.
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 U.S. Court of Appeals for the Third Circuit recently held that six Delaware asset securitization trusts could appoint an additional servicer to collect loans in default, but violated the trust documents by transferring to the beneficial owners powers reserved for the trustee.
My, oh my, how things can change. Monday, May 18, 2020 — a point in time when COVID-19 forced the legal profession to truly cross over to the unknown.
The Supreme Court of Illinois recently held that an effective tender made prior to a class certification motion, which satisfies the named plaintiff’s individual claim, moots her interest in the litigation and ends the matter.
It has been an extraordinary 365 days for consumer financial services law. I cannot recall a year where so many states introduced legislation or proposed regulations or rules impacting the credit industry. At the federal level, proposed rules for the Fair Debt Collection Practices Act were (finally) released and California also proposed regulations under the California Consumer Privacy Act.