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.
Medicare statute doesn’t preempt state comp law
Published: May 22, 2013
Tags: Medicare, Medicare Secondary Payer statute, workers' compensation
The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.
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.
Employee could pursue ADA claim despite Chapter 13 bankruptcy
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Police needed warrant to search arrestee’s cellphone
Published: May 21, 2013
Tags: cellphone, Fourth Amendment, search and seizure, search incident to arrest
Police needed a warrant to search the contents of a cellphone seized from a defendant arrested for suspected drug dealing, the 1st U.S. Circuit Court of Appeals has ruled in reversing a conviction.
Justices won’t let Mich. defendant reargue diminished capacity
By:
Pat Murphy
Published: May 20, 2013
Tags: Antiterrorism and Effective Death Penalty Act, diminished capacity, habeas corpus, U.S. Supreme Court
The U.S. Supreme Court has ruled that a Michigan murder defendant’s due process rights were not violated when a change in state law following his 1994 conviction prevented him from reasserting a diminished-capacity defense when he later won a new trial.
Florida compensation limit for birth injuries constitutional
Published: May 20, 2013
Tags: birth injury, equal protection, medical malpractice
A state tort reform law allowing only a single award of $100,000 to both parents of a child suffering from neurological birth injuries does not violate equal protection, the Florida Supreme Court has ruled in affirming judgment.
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.
