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Publication Date: 2021-10-05
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Appellate Division, Second Department
Judge: Justice Paul Wooten
Attorneys: For plaintiff: For Appellant: Daniel LoPresti of counsel, McCalla Raymer Leibert Pierce, LLC, New York, NY.
for defendant: For Respondents: Steven H. Becker of counsel, Becker Law Firm, PLLC, New City, NY.
Case Number: 2019-00133
Foreclosure Action Plaintiff Must Mail 90-Day Notices to Each Borrower Separately
Publication Date: 2021-09-22
Practice Area: Civil Procedure | Dispute Resolution | Wage and Hour Litigation
Industry: Financial Services and Banking
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Allison Nathan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-CV-6492
Court Rules on Limitations Periods Applicable in FLSA Overtime Pay Suit Against Bank
Publication Date: 2021-09-16
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Rachel Kovner
Attorneys: For plaintiff:
for defendant:
Case Number: 20-CV-2260
Action Over $1.75M Consolidated Note, Foreclosures Dismissed as Time-Barred Under TILA
Publication Date: 2021-09-08
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Financial Services and Banking | Real Estate | State and Local Government
Court: Appellate Division, Second Department
Judge: Justice Angela Iannacci
Attorneys: For plaintiff: For Respondent: Reed Smith LLP, New York, NY, James N. Faller, Andrew B. Messite, and Brenda Beauchamp Ward, of counsel, Stein Wiener & Roth, LLP.
for defendant: For Appellants: Harvey Sorid, Uniondale, NY.
Case Number: 2019-12634
Bank Seeking Foreclosure Did Not Need Code §20-490 License as 'Debt Collection Agency'
Publication Date: 2021-09-08
Practice Area: Private Equity and Venture Capital
Industry: Financial Services and Banking
Court: Supreme Court, New York
Judge: Justice Louis Nock
Attorneys: For plaintiff: Plaintiffs are Represented By: George Panteris, Esq., of counsel, Panteris & Panteris, LLP.
for defendant: Defendant is Represented By: Mark S. Pincus, Esq., of counsel, Pincus Law LLC.
Case Number: 652347/2018
Court Strikes Commercial Loan That Surpasses 25 Percent Threshold as Criminally Usurious
Law Journal Press | Digital Book
Authors: Trey Cox, Jason Dennis
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Publication Date: 2021-08-31
Practice Area: Contracts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Appellate Division, First Department
Judge: Associate Justice Sallie Manzanet-Daniels
Attorneys: For plaintiff: For Aegon USA Investment Management, LLC, BlackRock Financial Management, Inc., Cascade Investment, LLC, Federal Home Loan Bank of Atlanta, Federal Home Loan Mortgage Corp., Federal National Mortgage Association, Goldman Sachs Asset Mgmt L.P., Voya Investment Mgmt LLC, Invesco Advisers, Inc., Kore Advisors, L.P., Metropolitan Life Ins. Co., Pacific Investment Mgmt Company LLC, Teachers Ins. and Annuity Assoc. of America, TCW Group, Inc., Thrivent Financial for Lutherans and Western Asset Mgmt. Co. (the "Institutional Investors"), Appellants: Kenneth E. Warner of counsel, Warner Partners, P.C., New York, and David M. Sheeren of the bar of the State of Texas, admitted pro hac vice of counsel, Gibbs & Bruns LLP, Houston, TX.
For American General Life Insurance Company, American Home Assurance Company, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The United States Life Insurance Company in the City of New York and The Variable Annuity Life Insurance Company (the "AIG Parties"), Appellants: Kevin S. Reed of counsel, Quinn Emanuel Urquhart & Sullivan, LLP, New York.
For DW Partners LP and Ellington Management Group, L.L.C. (the "DW/Ellington Parties"), Appellants: David I. Greenberger of counsel, Bailey Duquette P.C., New York, and Isaac M. Gradman of the bar of the State of California, admitted pro hac vice of counsel, Perry Johnson Anderson Miller & Moskowitz LLP, Santa Rosa, CA.
For Tilden Park Investment Master Fund LP, Tilden Park Management I LLC, and Tilden Park Capital Management LP (the "Tilden Park Parties"), Appellants: Jonathan L. Hochman and Anna Vinogradov of counsel, Schindler Cohen & Hochman LLP, New York, and Philip Bentley and Andrew Pollack of counsel, Kramer Levin Naftalis & Frankel LLP, New York.
for defendant: For Ambac Assurance Corporation, Appellant: Henry J. Ricardo of counsel, Patterson Belknap Webb & Tyler LLP, New York.
For Poetic Holdings VI LLC, Poetic Holdings VII LLC, and Prophet Mortgage Opportunities LP (the "Prophet and Poetic Parties"), Appellants: Felix J. Gilman and Donald W. Hawthorne of counsel, Axinn, Veltrop & Harkrider LLP, New York.
For U.S. Bank N.A., solely in its capacity as NIM Trustee for the Poetic and Prophet Trusts and as NIM Trustee for the HBK Trusts, Appellant: Martin Gilmore and Sean Connery of counsel, Perkins Coie LLP, New York.
For U.S. Bank N.A., solely in its capacity as NIM Trustee for the HBK Trusts (the "HBK Parties"), Appellant: Danielle L. Rose, Zachary D. Rosenbaum and Darryl G. Stein of counsel, Kobre & Kim LLP, New York.
For Nover Ventures LLC, Respondent: Robert W. Scheef, Gayle R. Klein, David I. Schiefelbein and Steven R. Fisher of counsel, McKool Smith, P.C., New York.
For D.E. Shaw Refraction Portfolios, L.L.C. ("D.E. Shaw"), Respondent: Charles R. Jacob III of counsel, Goulston & Storrs PC, New York, and Isaac M. Gradman of the bar of the State of California, Edward P. Allinson, of the bar of the State of California, admitted pro hac vice of counsel and Kristin A. Mattiske-Nicholls, Perry, Johnson, Anderson, Miller & Moskowitz LLP, Santa Rosa, CA.
For Strategos Capital Management, LLC, Respondent: Mauricio A. España of counsel, Dechert LLP, New York.
For Olifant Fund, Ltd., FFI Fund Ltd. and FYI Ltd. (the "Olifant Funds"), Respondents: Diana M. Conner and Peter W. Tomlinson of counsel, Patterson Belknap Webb & Tyler LLP, New York.
For GMO Opportunistic Fund and GMO Global Real Return (the "GMO Parties"), Respondents: Joshua S. Sturm and Marie Killmond of counsel, Davis Polk & Wardwell LLP, New York.
For Amicus Curiae: Maya D. Cater of counsel, Kleinberg, Kaplan, Wolff & Cohen, P.C., New York.
Case Number: 657387/17
Court Determines the Distribution of Global Settlement Payment by JPMorgan to Investors
Publication Date: 2021-08-27
Practice Area: Intellectual Property
Industry: Financial Services and Banking | E-Commerce
Court: U.S. District Court for the Eastern District of New York
Judge: District Judge Brian Cogan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-cv-4246
Plaintiff Fails to Allege Conversion of an Actionable 'Specific Identifiable Thing'
Publication Date: 2021-08-24
Practice Area: Antitrust
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court for the Southern District of New York
Judge: District Judge P. Kevin Castel
Attorneys: For plaintiff:
for defendant:
Case Number: 20-608-cv
Plaintiff Sufficiently States Claim for a Per Se Violation of the Sherman Act
Publication Date: 2021-08-11
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Pierre Leval
Attorneys: For plaintiff: For Plaintiff-Appellee: Rafi Hasbani, on the brief, Danielle P. Light, Hasbani & Light, P.C., New York, NY.
for defendant: For Defendant-Appellant: Jonathan M. Robbin, J. Robbin Law, Armonk, NY.
Case Number: 20-1804-cv
'Engel' Ruling Abrogates 'Milone' Undermines Discharge of Mortgage in Quiet Title Action
Publication Date: 2021-08-06
Practice Area: Bankruptcy | Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Kenneth Karas
Attorneys: For plaintiff:
for defendant:
Case Number: 20-CV-8043
Bankruptcy Court Must Decide if Bank Entitled to Interest on Arrears' Principal Component
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