By the Consumer Financial Services Group
A borrower cannot bring a lawsuit seeking rescission more than three years after loan consummation, the U.S. Court of Appeals for the 10th Circuit has ruled.
In its June 11, 2012, decision in Rosenfield...
General Development Co., L.P. v. City of Santa Maria , 2d Civil No. B228631 (Super. Ct. No. 1320579) (Cal. Ct. App. 2nd Dist., January 25, 2012)
By Katharine J. Mueller
An action challenging a legislative body's decision to deny a zone change...
By Richard D. Vetstein, ESQ
Application of "Discovery Rule" Enables Toxic Mold Claim To Survive Dismissal
Toxic mold is a dangerous condition that can arise in buildings with
untreated water leaks and penetration. The most common form...
By Robert M. Palumbi
In State v. Perini Corp., et. al . (2015 N.J. LEXIS 388) (N.J. April 30, 2015), the New Jersey Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], interpreted the state’s...
I. The Opinion
On April 25, 2014, the Fifth District Court of Appeals issued an important opinion in U.S. Bank Nat’l Ass’n v. Bartram , No. 5D12-3823, 2014 Fla. App. LEXIS 6057 (Fla. 3d DCA Apr. 25, 2014), [ enhanced version available to...
The U.S. Court of Appeals for the Third Circuit limited plaintiffs' ability to add claims to a complaint under the relation back provision of Federal Rule of Civil Procedure 15(c) in Glover v. FDIC , No. 11-3382 (Sept. 5, 2012). The Third Circuit...