New York Law Journal | Expert Opinion
By Bruce J. Bergman | May 24, 2023
The running of the statute of limitations is assuredly a major and continuing problem for mortgage holders—typically encountered not surprisingly in the mortgage foreclosure action itself. That danger is exacerbated by the foreclosure abuse prevention act which denies to a foreclosing party the right to unilaterally withdraw an acceleration or cancel it by discontinuing the action. But the concept is not confined solely to that arena. Rather, it can apply to what might be seen as peripheral pursuits, for example, the strict foreclosure.
By Jane Wester | May 23, 2023
The attorney for the author urged a federal judge to move ahead with adjudicating outstanding issues in Carroll's original case against the ex-president.
By Colleen Murphy | May 23, 2023
"Like all humans, judges make mistakes (yes, even appellate judges)," said Judge Michael S. Catlett, in his written opinion for the court. "Arizona Rule of Civil Procedure 60 accounts for that fallibility. Rule 60(a), for example, allows a superior court to amend a final judgment to fix 'a clerical mistake or a mistake arising from oversight or omission.' And Rule 60(b) allows a superior court to relieve a party from a final judgment due to, among other things, a 'mistake.'"
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | May 23, 2023
That the courts are still struggling to reconcile the scope of primary assumption of the risk with principles of comparative negligence is readily apparent in the recent Court of Appeals decision in Grady v. Chenango Valley Central School District, where a consolidated appeal examining primary assumption of the risk in two actions resulted in different results and a dissent in each.
By Riley Brennan | May 23, 2023
The suit was first surfaced by Law.com Radar.
By Riley Brennan | May 22, 2023
The U.S. Court of Appeals for the Seventh Circuit determined a juvenile detention center's superintendent was entitled to state sovereign immunity from a class action by youth detainees who alleged that they were subjected to unduly harsh conditions after he allowed a popular show to film at the facility.
The Legal Intelligencer | News
By Riley Brennan | May 22, 2023
The Pennsylvania Superior Court has ruled that a class action alleging home decor store Kirkland's violated the federal Fair and Accurate Credit Transactions Act by displaying too much of customers' debit and credit card numbers on receipts failed to show a sufficient risk of harm.
By Adolfo Pesquera | May 22, 2023
The multijurisdictional dispute involves a company that was ruled against in a matter filed in Manhattan Supreme Court.
By Riley Brennan | May 22, 2023
The South Carolina groom injured in a golf cart crash that killed his wife on their wedding day has filed a wrongful death suit against the woman who drove the car that hit the cart and had a blood alcohol level over three times the legal limit.
By Riley Brennan | May 22, 2023
The Oregon Court of Appeals reversed and remanded a man's conviction for driving 200 feet with a suspended license, after determining the jury should have been instructed on the defenses of necessity and choice-of-evils.
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