Search Results
Search results for "lien law"
1208 results found for "lien law"
- When Self-Help Discovery Protects FCA Whistleblowers
alleged fraud to be able to make a well reasoned decision on whether it should participate in the filed lawsuit Information: The Government’s New Policy to Dismiss These Parties in False Claims Act Litigation, 13 Health Law technicians and/or non-certified technicians, in violation of Medicare and other federal and state insurance laws
- Enforcement News: Former Chief Operating Officer and Former Managing Partner Charged with Participating in An Alleged $300 Million Ponzi Scheme
Defendants allegedly encouraged people to tap their savings, their IRAs, and even lines of credit, to he agreed to be permanently enjoined from violating the charged provisions of the federal securities law
- The Appellate Division, First Department, Reiterates in Two Cases That The Foreclosure Abuse Prevention Act (“FAPA”) is to Have Retroactive Application and Otherwise Passes Constitutional Muster
facts, together with the Legislature’s statement that FAPA was remedial and meant to clarify existing law
- Supreme Court, Suffolk County, Refuses Lender’s Request to Stay a Foreclosure Action Pending the Court of Appeals’ Decision in Bank of America, N.A. v. Kessler
lender sought “a discretionary stay because plaintiff believes that controlling Appellate Division case law bankruptcy under Title 11 of the United States Code, this notice is for compliance with non-bankruptcy law Thus, the CIT Bank Court concluded that “the New York Court of Appeals would not follow the bright-line rule that the Second Department adopted in Kessler ” because federal law required the debt collection
- You Can’t Put the Cart (Judgment of Foreclosure and Sale) Before the Horse (Summary Judgment)
in the Second Action as a defendant and to renew the HOA’s motion to dismiss due to a change in the law
- Enforcement News: Financial Exploitation of Seniors and Vulnerable Adults
he agreed to be permanently enjoined from violating the charged provisions of the federal securities laws
- Fraudulent Inducement and The Independent Contractor Agreement
The Court’s Ruling Plaintiff brought the lawsuit, alleging, breach of contract, unjust enrichment and to contradict the express terms of the May 19 Amendment and Antarctica Agreement.[10] Under New York law ” explained the court, “there [was] no basis at the pleading stage to conclude that, as a matter of law
- The Second Department Holds that New York Need Not Possess Personal Jurisdiction Over a Judgment Debtor in Order to Recognize and Domesticate a Foreign Judgment Entitled to Full Faith and Credit
several states as independent foreign sovereignties, each free to ignore obligations created under the laws default, a foreign judgment creditor must commence a plenary action or move for summary judgment in lieu Accordingly, in 2023, the judgment creditor commenced an action by moving for summary judgment in lieu The motion court, in granting the cross-motion and denying the motion for summary judgment in lieu of “Accordingly, the Supreme Court should have granted the plaintiff’s motion for summary judgment in lieu
- Proper Evidentiary Support for Compliance with RPAPL 1304 Remains an Issue for Foreclosing Lenders
2013, showing that the RPAPL 1304 notice was sent to the defendant in accordance with New York State law RPAPL 1304 notice was insufficient to establish her prima facie entitlement to judgment as a matter of law
- Fraud: Releases, Anti-Reliance Clauses, and the Special Facts Doctrine
the interplay between releases, anti-reliance clauses, and the special facts doctrine under New York law extra-contractual statements) – the Court held that any reliance was not reasonable as a matter of law
- Enforcement News: Since Inception, Over $1 Billion Awarded to Whistleblowers Under the SEC’s Whistleblower Program
whistleblowers play in helping the SEC detect, investigate, and prosecute potential violations of the securities laws to continue to come forward with credible information about potential violations of the securities laws group of individuals, who provide “original information” about a violation of the federal securities laws
- Court Compels Production of Joint Defense Agreement As Not Protected By Privilege
Disclosure and The Attorney-Client Privilege The Civil Practice Law and Rules (“CPLR”) directs that there establishing the elements of the privilege.[8] The attorney-client privilege is the oldest among common-law evidentiary privileges.[9] It is intended to foster open and candid dialogue between lawyer and client and a client that involve the conveyance of legal advice offered by the non-lawyer, except when the non-lawyer is acting under the supervision or the direction of an attorney.[16] Moreover, the privilege

