Trustee’s mistake voided California foreclosure sale 
Published: May 23, 2013
Tags: foreclosure, mortgages, non-judicial foreclosure
A trustee could void a nonjudicial foreclosure sale based on its mistake in communicating the lender’s opening bid to the auctioneer, the California Supreme Court has ruled in reversing judgment.
Check-cashing firm’s arbitration clause enforceable
Published: May 22, 2013
Tags: arbitration, consumer protection, payday loan, predatory lending
A check-cashing business could enforce an updated version of an arbitration clause included in its delayed-deposit customer agreements, the Mississippi Court of Appeals has ruled.
FTC briefs Senate committee on credit reporting accuracy
Published: May 22, 2013
Tags: Congress, consumer protection, Fair Credit Reporting Act, FCRA, Federal Trade Commission, FTC
Errors in credit reports can cause businesses to deny credit to potentially valuable customers, a director of the Federal Trade Commission warned a U.S. Senate subcommittee earlier this month.
Court takes up peeved airline flyer’s preemption case
Published: May 22, 2013
Tags: Airline Deregulation Act, consumer protection, implied covenant of good faith and fair dealing, preemption, U.S. Supreme Court
WASHINGTON – A long running battle between a Minnesota frequent flyer and an airline carrier has landed before the U.S. Supreme Court, giving the justices yet another chance to weigh in on whether a federal law preempts a state law-based lawsuit.
Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports
Published: May 22, 2013
Tags: First Amendment, right of publicity, video games
The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.
That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.
Court to clarify burden of proof in Medtronic ‘non-infringement’ action
Published: May 21, 2013
Tags: intellectual property, licensee, noninfringement, patents
The U.S. Supreme Court will decide whether a patentee bears the burden of proving infringement when its licensee brings a declaratory judgment action to establish non-infringement.
Beneficiary must arbitrate claims against trustee
Published: May 20, 2013
Tags: arbitration, wills and trusts
A trust beneficiary was bound by a trust arbitration provision when suing a trustee for misappropriation of assets, the Texas Supreme Court has ruled in reversing judgment.
Arbitration subject to state statute of limitations
Published: May 20, 2013
Tags: arbitration, statute of limitations
The state statute of limitations applied to bar arbitration claims brought by the clients of a financial services company, the Florida Supreme Court has ruled in reversing judgment.
Court nixes $1.5M fee award in coupon-based class settlement
Published: May 17, 2013
Tags: attorney fees, class action fairness act, consumer protection
A $1.5 million award of attorney fees in a coupon-based settlement of a consumer class action violated the Class Action Fairness Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Homeowners association had implied authority to regulate common area
Published: May 16, 2013
Tags: homeowners association, real property, restrictive covenants
A homeowners association was not required to have express rulemaking authority in order to limit the types of watercraft that residents could use in an adjoining lake, the Illinois Appellate Court has ruled in affirming judgment.
