LexisNexis® Legal Newsroom
Mealey's IP/Tech - Louisiana Federal Judge Denies Dismissal Of 'Audobon' Trademark Case

BATON ROUGE, La. - A complaint seeking a declaration of noninfringement in connection with the use of the "Audobon" trademark is adequately pleaded to survive a defense motion to dismiss, a Louisiana federal judge ruled July 7 (Audobon Real Estate Associates L.L.C. v. Audobon Realty L.L.C., No. 15-115, M.D. La.; 2015 U.S. Dist. LEXIS 87758).

Mealey's Insurance - No Coverage Owed For Failure To Disclose Home Was Built On Dump Pit, Judge Says

TAMPA, Fla. - No coverage is afforded for an underlying suit alleging that an insured real estate agent failed to disclose that the ground upon which a home was built once served as a neighborhood dumping pit because the nondisclosure did not cause the property damage and the policies' pollution exclusions bar coverage, a Florida federal judge said July 6 (Southern-Owners Insurance Co., et al. v. Yvonne Herrera, et al., No. 13-2887, M.D. Fla.; 2015 U.S. Dist. LEXIS 87420).

Mealey's Banking & Finance - Federal Judge Finds Borrower's TILA And RESPA Claims Can Proceed

FRESNO, Calif. - In an initial screening order, a California federal judge on June 19 found that a borrower's claims against a bank for violation of the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) can proceed (Jeffrey Wayne Taylor v. Chase Bank, No. 1:13-cv-00982, E.D. Calif.; 2015 U.S. Dist. LEXIS 79978).

Mealey's Insurance - Panel: Insurer Has Duty To Defend Negligence Claim Against Additional Insured

RICHMOND, Va. - An insurer has a duty to defend allegations that an additional insured's negligence caused a building collapse, the Fourth Circuit U.S. Court of Appeals ruled June 10, finding that the scope of coverage under an endorsement extends beyond acts or omissions of the named insured for which the additional insured was vicariously liable (Capital City Real Estate LLC v. Certain Underwriters at Lloyd's London, subscribing to Policy Number: ARTE018240, No. 14-1239, 4th Cir.; 2015 U.S. App. LEXIS 9662).

Mealey's Banking & Finance - 11th Circuit Affirms Dismissal Of Claims Under Rooker-Feldman

ATLANTA - After finding that a district court properly found that it lacked jurisdiction over numerous claims asserted by borrowers, including causes of action for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), the 11th Circuit U.S. Court of Appeals on June 8 affirmed dismissal of the case (Leonardo Cavero, et al. v. One West Bank FSB, et al., No. 14-14369, 11th Cir.; 2015 U.S. App. LEXIS 9464).

Mealey's Insurance - Stipulated Judgment Bars Harm Under Collateral Estoppel Doctrine, Panel Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 2 affirmed a lower federal court's dismissal of a lawsuit brought by the previous owners of a self-storage company alleging that they were denied the insurance proceeds they were owed for Hurricane Katrina damage, as well as the ability to maintain an ownership stake in the self-storage company (BCR Safeguard Holding L.L.C., et al. v. Morgan Stanley Real Estate Advisor Inc. et al., No. 14-31068, 5th Cir.; 2015 U.S. App. LEXIS 9268).

Mealey's Banking & Finance - Federal Judge Allows Borrower To Amend Claims For RESPA Violations

BALTIMORE - A Maryland federal judge on June 1 found that most of a borrower's claims for violation of the Real Estate Settlement Procedures Act (RESPA) should be dismissed, but granted her leave to file an amended complaint to add more details about the qualified written requests she allegedly sent to Bank of America Corp. (BOA) (Michelle McCray v. Bank of America Corp., No. 14-02446, D. Md.; 2015 U.S. Dist. LEXIS 70657).

Mealey's Banking & Finance - Federal Judge Refuses To Grant Restraining Order Barring Property Foreclosure

GREENBELT, Md. - After finding that it was unlikely that a borrower will succeed on her claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), a Maryland federal judge on May 14 refused to grant her a temporary restraining order prohibiting the foreclosure of her property (Sandra Fowler v. Wells Fargo Home Mortgage Inc., et al., No. 15-1084, D. Md.; 2015 U.S. Dist. LEXIS 63076).

Mealey's Banking & Finance - Federal Judge Finds RESPA And HOEPA Claims Are Time-Barred

NEWARK, N.J. - A New Jersey federal judge on May 12 granted a motion to dismiss numerous claims asserted by a borrower attempting to avoid foreclosure, finding that his claims for violation of the Real Estate Settlement Procedures Act (RESPA) and the Home Ownership Equity Protection Act (HOEPA) were time-barred and that he failed to state a claim to support his other allegations (Benjamin Coleman v. Deutsche Bank National Trust Company, et al., No. 15-1080, D. N.J.; 2015 U.S. Dist. LEXIS 61875).

Mealey's Insurance - Judge: Insured Had Subjective Knowledge Of Facts Giving Rise To Claim; No Coverage

BALTIMORE - A Maryland federal judge ruled May 7 that a professional liability insurer did not wrongfully deny coverage for a real estate developer's professional negligence claim against an architect insured (McDowell Building LLC v. Zurich American Insurance Co., No. 12-2876, D. Md.; 2015 U.S. Dist. LEXIS 60350).

Mealey's Banking & Finance - Judge Finds RESPA Claim Can Proceed, Grants Partial Dismissal

DETROIT - A Michigan federal judge on April 22 granted a motion filed by lenders to dismiss borrowers' claims for breach of contract and other claims, but found that their claims for violation of Real Estate Settlement Procedures Act (RESPA) can proceed (Martin White Jr. et al. v. Wells Fargo Bank, N.A., AS, et al., No. 2:14-cv-12506, E.D. Mich.; 2015 U.S. Dist. LEXIS 52642).

Mealey's Insurance - Georgia High Court: Insured Cannot Pursue Bad Faith Action Against Excess Insurer

ATLANTA - The Georgia Supreme Court on April 20 found that a real estate investment trust insured cannot pursue a bad faith action against an excess insurer because the excess insurer did not consent to a $4.9 million securities class action settlement and the insured failed to satisfy the contractually agreed upon condition precedent to coverage (Piedmont Office Realty Trust, Inc., f/k/a Wells Real Estate Investment Trust, Inc. v. XL Specialty Insurance Company, No. S15Q0418, Ga. Sup.; 2015 Ga. LEXIS 247).

Mealey's Banking & Finance - Judge Finds TILA And RESPA Claims Are Time- Barred, Allows Amendments

FRESNO, Calif. - A California appeals court on April 14 dismissed numerous claims asserted by a property owner in relation to a default on her loan, including claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedure Act (RESPA) as time-barred (Judy Burden v. California Reconveance Company, et al., No. 1:15-cv-00314, E.D. Calif.; 2015 U.S. Dist. LEXIS 49111).

Mealey's Insurance - Judge Denies Summary Judgment In Dispute Between Developer, Architect's Insurer

BALTIMORE - A Maryland federal judge on April 13 denied dueling summary judgment motions in a coverage dispute between a real estate developer and its architect's professional liability insurer, finding that fact issues preclude summary judgment rulings (McDowell Building LLC v. Zurich American Insurance Co., No. 12-2876, D. Md.; 2015 U.S. Dist. LEXIS 47904).

Mealey's Antitrust/Unfair Competition - Real Estate Listing Service's Trade Secrets Suit Against Zillow Mostly Dismissed

OAKLAND, Calif. - A company that provides online listings to real estate agents failed to plead the existence of any protectable trade secrets, a California federal judge ruled April 13, mostly dismissing its complaint against leading online real estate marketplace Zillow Inc. (Top Agent Network Inc. v. Zillow Inc., No. 4:14-cv-04769, N.D. Calif.).

Mealey's IP/Tech - Real Estate Listing Service's Trade Secrets Suit Against Zillow Mostly Dismissed

OAKLAND, Calif. - A company that provides online listings to real estate agents failed to plead the existence of any protectable trade secrets, a California federal judge ruled April 13, mostly dismissing its complaint against leading online real estate marketplace Zillow Inc. (Top Agent Network Inc. v. Zillow Inc., No. 4:14-cv-04769, N.D. Calif.).

Mealey's Litigation Procedure - Federal Judge Dismisses RESPA And Negligence Claim Against Chase

HOUSTON - After finding that borrowers failed to state a plausible claim for violation of the Real Estate Settlement Procedures Act (RESPA) in relation to a loan modification, a Texas federal judge on April 13 granted a bank's motion to dismiss the case against it (Juan M. Avila, et al. v. JP Morgan Chase Bank N.A., No. 14-3502, S.D. Texas; 2015 U.S. Dist. LEXIS 47944).

Mealey's Securities/D&O Liability - Application Exclusion Bars Professional Liability Coverage, California Panel Says

LOS ANGELES - A California appeals panel on April 10 affirmed a lower court's ruling that a professional liability insurance policy's application exclusion precludes coverage for claims made against a securities broker-dealer insured involving an alleged real estate investment Ponzi scheme, finding that three undisclosed claims should have been disclosed to the insurer during the application process because they arose out of the same events as the one disclosed claim (Crown Capital Securities L.P. v. Endurance American Specialty Insurance, No. B256241, Calif. App., 2nd Dist., Div. 5.; 2015 Cal. App. LEXIS 305).

Mealey's Insurance - Application Exclusion Bars Professional Liability Coverage, California Panel Says

LOS ANGELES - A California appeals panel on April 10 affirmed a lower court's ruling that a professional liability insurance policy's application exclusion precludes coverage for claims made against a securities broker-dealer insured involving an alleged real estate investment Ponzi scheme, finding that three undisclosed claims should have been disclosed to the insurer during the application process because they arose out of the same events as the one disclosed claim (Crown Capital Securities L.P. v. Endurance American Specialty Insurance, No. B256241, Calif. App., 2nd Dist., Div. 5.; 2015 Cal. App. LEXIS 305).

Mealey's Banking & Finance - Federal Judge Refuses To Dismiss RESPA And FCRA Claims

MIAMI - A Florida federal judge on April 8 dismissed certain claims filed by a borrower against a mortgage company but allowed her claims for violation of the Fair Credit Reporting Act (FCRA) and the Real Estate Settlement Procedures Act (RESPA) to proceed (Gayle Helman v. Udren Law Office, P.C., No. 14-CV-60808, S.D. Fla.; 2015 U.S. Dist. LEXIS 45922).

Mealey's Banking & Finance - Panel: Insurer Has No Duty To Defend 'Perpetrators' Of 'Mortgage Loan Fraud'

SAN DIEGO - A California appeals panel on March 27 affirmed a lower court's ruling that there is no coverage for an underlying claim that was either a real estate sales transaction or a "fraudulent scheme clothed as a mortgage transaction" (Angel Castrejon, et al., v. United States Liability Insurance Co., No. D064679, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 2162).

Mealey's Insurance - Panel: Insurer Has No Duty To Defend 'Perpetrators' Of 'Mortgage Loan Fraud'

SAN DIEGO - A California appeals panel on March 27 affirmed a lower court's ruling that there is no coverage for an underlying claim that was either a real estate sales transaction or a "fraudulent scheme clothed as a mortgage transaction" (Angel Castrejon, et al. v. United States Liability Insurance Co., No. D064679, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 2162).

Mealey's Insurance - $3.3M Default Judgment Unenforceable Against Insurer, 9th Circuit Affirms

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 31 affirmed a lower court's finding that because claimants gained their right to sue a real estate errors and omissions liability insurer through an assignment in a fraudulent settlement agreement with the insured, a $3.3 million default judgment is unenforceable against the insurer (Ron Carlson, et al. v. Century Surety Co., Nos. 12-15964 and 12-16153, 9th Cir.; 2015 U.S. App. LEXIS 5180).

Mealey's Banking & Finance - Federal Judge Allows Plaintiffs To Reclassify TILA Claim Against Bank

CLEVELAND - An Ohio federal judge on March 27 granted a bank's motion to dismiss certain claims against it but granted a request by homeowners to file an amended complaint to reclassify their claim for violation of the Truth in Lending Act (TILA) as a claim for violation of the Real Estate Settlement Procedures Act (RESPA) (Douglas Belknap, et al. v. Bank of America Corp., No. 1:14-cv-1540, N.D. Ohio; 2015 U.S. Dist. LEXIS 39296).

Mealey's Banking & Finance - Federal Judge Dismisses TILA And RESPA Claims As Time-Barred

WASHINGTON, D.C. - A District of Columbia federal judge on March 25 granted a motion to dismiss claims asserted against various banks, finding that a property owner's claims for violation of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) were time-barred (Harold J. Taylor v. Wells Fargo Bank N.A., et al., No. 14-617, D. D.C.; 2015 U.S Dist. LEXIS 37127).