Rentezelas on Watkins v. Wells Fargo Home Mortgage

In Watkins v. Wells Fargo Home Mort. , a borrower filed a class action against Wells Fargo, alleging that the company’s mortgage division had originated predatory loans that were unconscionable under West Virginia’s contract principles. However, the court ruled that certain of the purported...

Sticker Shock! Bright orange postings deemed constitutional in First Circuit case challenging “unruly gathering” ordinance: URI Student Senate v. Narragansett (Jan. 5, 2011)

An ordinance authorizing the posting of bright orange stickers at an "unruly gathering" is both constitutional and not preempted according to the First Circuit's recent ruling. The First Circuit rejected plaintiffs' due process claim and refused to find the Rhode Island Residential...

Connecticut Wetland Laws Breach the Preemption Barrier: Sixth Circuit Holds that Federal Aviation Law Does Not Preempt Local Permit Process for Removing Wetland Trees

If you're a science fiction fan, you've likely encountered a story or two about invisible, impenetrable fields. Or, maybe as a Stephen King fan, you read the book, Under the Dome , which is about a small, New England town trapped beneath a huge, clear barrier. Either way, you've touched upon...

Ballard Spahr LLP: Federal Court Holds State Law Limits on National Bank Reverse Mortgage Fees Preempted

By the Consumer Financial Services Group A national bank is not bound by state laws that would restrict the fees it can include in principal when making a reverse mortgage loan, the U.S. District Court for the District of Minnesota has ruled. In Taft v. Wells Fargo Bank, N.A. , decided...

Fracking Zoning Case Seeks Review by New York's Highest Court

By J. Wylie Donald, Partner, McCarter & English Columbia Law School convened a panel on hydraulic fracturing ("fracking") earlier this month. One of the subtopics was its effect on climate change mitigation. Professor Michael Gerrard laid out the pluses and minuses. On the plus side...

Klein on Tarrant Regional Water District v. Herrmann

By Christine A. Klein In this analysis of the U.S. Supreme Court's decision in Tarrant Regional Water District v. Herrmann, [ enhanced version available to lexis.com subscribers ], Christine A. Klein discusses practical lessons of the Court's decision, including lessons for negotiating...