Lawyers USA Online » Business and Civil Practice http://lawyersusaonline.com Your Business Partner Fri, 24 May 2013 20:05:18 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Mortgage servicing isn’t ‘consumer transaction’  http://lawyersusaonline.com/blog/2013/05/24/mortgage-servicing-isnt-consumer-transaction/ http://lawyersusaonline.com/blog/2013/05/24/mortgage-servicing-isnt-consumer-transaction/#comments Fri, 24 May 2013 16:32:35 +0000 Pat Murphy http://lawyersusaonline.com/?p=92944 The servicing of a borrower’s residential mortgage loan is not a “consumer transaction” under state consumer protection law, the Ohio Supreme Court has ruled in answering a certified question from a U.S. District Court.

The defendant is in the business of servicing residential mortgages. As a mortgage servicer, the defendant
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]]> http://lawyersusaonline.com/blog/2013/05/24/mortgage-servicing-isnt-consumer-transaction/feed/ 0 Toxic contamination suit not removable under CAFA  http://lawyersusaonline.com/blog/2013/05/24/toxic-contamination-suit-not-removable-under-cafa/ http://lawyersusaonline.com/blog/2013/05/24/toxic-contamination-suit-not-removable-under-cafa/#comments Fri, 24 May 2013 16:29:31 +0000 Pat Murphy http://lawyersusaonline.com/?p=92942 An environmental contamination suit brought by more than 500 homeowners was not a removable “mass action” under the Class Action Fairness Act, the 3rd U.S. Circuit Court of Appeals has ruled in affirming judgment.

The plaintiffs are more than 500 citizens of the Virgin Islands who claimed that toxic dust
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]]> http://lawyersusaonline.com/blog/2013/05/24/toxic-contamination-suit-not-removable-under-cafa/feed/ 0 Trustee’s mistake voided California foreclosure sale  http://lawyersusaonline.com/blog/2013/05/23/trustees-mistake-voided-california-foreclosure-sale/ http://lawyersusaonline.com/blog/2013/05/23/trustees-mistake-voided-california-foreclosure-sale/#comments Thu, 23 May 2013 18:10:11 +0000 Pat Murphy http://lawyersusaonline.com/?p=92928 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.

The plaintiff submitted a bid of $22,000 in a nonjudicial foreclosure sale of a home. The lender, which was owed
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]]> http://lawyersusaonline.com/blog/2013/05/23/trustees-mistake-voided-california-foreclosure-sale/feed/ 0 Check-cashing firm’s arbitration clause enforceable  http://lawyersusaonline.com/blog/2013/05/22/check-cashing-firms-arbitration-clause-enforceable/ http://lawyersusaonline.com/blog/2013/05/22/check-cashing-firms-arbitration-clause-enforceable/#comments Wed, 22 May 2013 20:39:49 +0000 Pat Murphy http://lawyersusaonline.com/?p=92922 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.

The defendant is in the business of delayed-deposit check cashing. Essentially, the business involves cashing the personal checks of customers for up to $500 plus
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]]> http://lawyersusaonline.com/blog/2013/05/22/check-cashing-firms-arbitration-clause-enforceable/feed/ 0 FTC briefs Senate committee on credit reporting accuracy  http://lawyersusaonline.com/blog/2013/05/22/ftc-briefs-senate-committee-on-credit-reporting-accuracy/ http://lawyersusaonline.com/blog/2013/05/22/ftc-briefs-senate-committee-on-credit-reporting-accuracy/#comments Wed, 22 May 2013 18:13:44 +0000 Pat Murphy http://lawyersusaonline.com/?p=92916 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.

“The Commission recognizes the importance of accurate and complete credit reports, both to businesses that use them to make decisions and
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]]> http://lawyersusaonline.com/blog/2013/05/22/ftc-briefs-senate-committee-on-credit-reporting-accuracy/feed/ 0 Court takes up peeved airline flyer’s preemption case  http://lawyersusaonline.com/blog/2013/05/22/court-takes-up-peeved-airline-flyers-preemption-case/ http://lawyersusaonline.com/blog/2013/05/22/court-takes-up-peeved-airline-flyers-preemption-case/#comments Wed, 22 May 2013 18:02:29 +0000 Kimberly Atkins http://lawyersusaonline.com/?p=92914 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.

The justices agreed on May 20 to hear the
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]]> http://lawyersusaonline.com/blog/2013/05/22/court-takes-up-peeved-airline-flyers-preemption-case/feed/ 0 Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports  http://lawyersusaonline.com/blog/2013/05/22/benchmarks-ex-ncaa-quarterback-can-pursue-likeness-claim-against-ea-sports/ http://lawyersusaonline.com/blog/2013/05/22/benchmarks-ex-ncaa-quarterback-can-pursue-likeness-claim-against-ea-sports/#comments Wed, 22 May 2013 13:23:53 +0000 Pat Murphy http://lawyersusaonline.com/?p=92889 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.

In reviving the lawsuit
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]]> http://lawyersusaonline.com/blog/2013/05/22/benchmarks-ex-ncaa-quarterback-can-pursue-likeness-claim-against-ea-sports/feed/ 0 Court to clarify burden of proof in Medtronic ‘non-infringement’ action  http://lawyersusaonline.com/blog/2013/05/21/court-to-clarify-burden-of-proof-in-medtronic-non-infringement-action/ http://lawyersusaonline.com/blog/2013/05/21/court-to-clarify-burden-of-proof-in-medtronic-non-infringement-action/#comments Tue, 21 May 2013 12:21:43 +0000 Pat Murphy http://lawyersusaonline.com/?p=92872 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.

The court will review a decision from the U.S. Court of Appeals for the Federal Circuit. In » Continue Reading.

]]> http://lawyersusaonline.com/blog/2013/05/21/court-to-clarify-burden-of-proof-in-medtronic-non-infringement-action/feed/ 0 Beneficiary must arbitrate claims against trustee  http://lawyersusaonline.com/blog/2013/05/20/beneficiary-must-arbitrate-claims-against-trustee/ http://lawyersusaonline.com/blog/2013/05/20/beneficiary-must-arbitrate-claims-against-trustee/#comments Mon, 20 May 2013 20:47:52 +0000 Pat Murphy http://lawyersusaonline.com/?p=92849 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.

The plaintiff’s father established a trust, naming the plaintiff and the plaintiff’s brother as sole beneficiaries. The father named himself as trustee. When
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]]> http://lawyersusaonline.com/blog/2013/05/20/beneficiary-must-arbitrate-claims-against-trustee/feed/ 0 Arbitration subject to state statute of limitations  http://lawyersusaonline.com/blog/2013/05/20/arbitration-subject-to-state-statute-of-limitations/ http://lawyersusaonline.com/blog/2013/05/20/arbitration-subject-to-state-statute-of-limitations/#comments Mon, 20 May 2013 20:45:05 +0000 Pat Murphy http://lawyersusaonline.com/?p=92847 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.

The plaintiffs are former clients of Raymond James Financial Services. According to the plaintiffs, a Raymond James branch manager in Florida invested
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