Eleventh Circuit sua sponte vacates prior Spokeo opinion
Last October, we reported here how the Eleventh Circuit in Muransky v. Godiva had broken with other circuits regarding the application of the Supreme Court’s opinion in Spokeo v. Robins. Last week, the...
View ArticleFirst Alabama lawsuits filed over COVID-19 insurance denial
Earlier this week, two Alabama businesses sued their insurers for refusing to pay losses related to COVID-19. The first lawsuit, Wagner Shoes v. Auto-Owners Insurance Co., No. 7:20-cv-465 (N.D. Ala....
View Article“Cyber” Insurance Found to Cover Fraudulent Wire Transfer
The story is becoming all too common. A merchant (or consumer) is convinced to wire money to a fraudulent account because of an incorrect belief that they are wiring the money to the real party. A...
View ArticleA Properly Notarized Power of Attorney Provides Authority to Execute Mortgages
In Forbes v. Platinum Mortgage, Inc., No. 1180985, 2020 WL 746533 (Ala. Feb. 14, 2020), the Alabama Supreme Court upheld the validity of a home mortgage. There, the husband borrowed $175,000, securing...
View ArticleLenders Gain Big Win Resisting MDL Consolidation in PPP Agent Fees Class...
On Wednesday, the Judicial Panel on Multidistrict Litigation rejected consolidation of 62 class actions involving Paycheck Protection Program (“PPP”) loans under the federal Coronavirus Aid, Relief,...
View ArticleTRID: The Next Consumer Litigation Frontier?
The residential mortgage market underwent a significant regulatory change on October 3, 2015, when the TILA-RESPA Integrated Disclosure (TRID) rule went into effect. TRID was promulgated by the...
View ArticleNew Bank Examination Procedures for Cybersecurity
There is no more pressing problem facing business organizations today, of all types, than cybersecurity threats. For a highly regulated industry like banking, regulators are watching closely to see how...
View ArticleAlabama Court of Civil Appeals Rules in Bank’s Favor in Ejectment Action...
In Turner v. Wells Fargo, N.A., No. 2150230, Wells Fargo foreclosed on a home after the homeowners tendered a bad check and attempted to send catch-up payments that did not include required penalty...
View ArticleEleventh Circuit Holds that District Courts Retain Original Jurisdiction Over...
In a case of first impression for the Court, the Eleventh Circuit recently addressed whether federal district courts retain original subject matter jurisdiction over state law claims included in a...
View ArticleAlabama Supreme Court: Lender can sue directors of a public improvement...
Alabama law permits the creation of public corporations known as “improvement districts,” which can then issue bonds that are similar to bonds issued by a municipal corporation. These bonds can be used...
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