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.
Posts published in “Litigation”
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.
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 would have been enforceable under New York law. Accordingly, the Appellate Court reversed the order of dismissal entered by the trial court. A copy of the opinion in Handoush v. Lease Finance Group, LLC is available at: Link to Opinion. The plaintiff storeowner filed a lawsuit against the defendant company alleging that the defendant supposedly defrauded…
The U.S. Court of Appeals for the Second Circuit held that even if a class action case is brought pursuant to a fee-shifting statute, common-fund principles control fee awards authorized from a common fund, and a common-fund fee award may be calculated as the lodestar or as a percentage of the common fund. Accordingly, the Second Circuit affirmed the trial court’s ruling finding that lead plaintiff’s counsel was entitled to its requested fee and expense award. A copy of the opinion in Fresno County Employees’ Retirement Association v. Isaacson/Weaver Family Trust is available at: Link to Opinion. This case involved…
The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the opinion in Richard DeLisle v. Crane Co., et al. is available at: Link to Opinion. The case involved the admissibility of expert testimony in a plaintiff’s personal injury action against several cigarette manufacturer defendants. The plaintiff used multiple experts to establish that smoking cigarettes caused his cancer. The trial court examined the admissibility…