To print this article, all you need is to be registered or login on Mondaq.com.
Everything old is new again. As the
pandemic s impact on the real estate industry
matures, lenders are becoming more reluctant to keep
kicking the can down the proverbial road and are
taking action to enforce their rights. The raft of
litigation arising out of pandemic-induced foreclosure
actions and diligence-intensive distressed deals are
causing lenders and borrowers alike to carefully
scrutinize their loan documentation. Methods of
enforcement and potential defenses are critical.
Both mezzanine lenders contemplating foreclosure, and
mezzanine borrowers considering their options, would be
IN THIS ISSUE
Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman Sachs Class Certification Fight, Delaware Supreme Court Affirms Dismissal of Derivative Action Against Metlife.
On March 22, 2021, in
Athru Group Holdings LLC v. SHYFT Analytics, Inc., et al., Judge Kenneth W. Salinger of the Business Litigation Session (BLS) of the Massachusetts Superior Court dismissed plaintiff Athru Group Holdings, LLC’s complaint in its entirety. The complaint alleged breach of fiduciary duties, fraud, breach of contract, and a violation of G.L. c. 93A against SHYFT Analytics Inc., Medidata Solutions Inc. and eleven other entity and individual defendants stemming from the 2018 merger between Medidata and SHYFT. The court’s dismissal decision rested on the court’s conclusion that there was no duty to disclose alleged p
TransUnion v. Ramirez FCRA Class Certifications Case
The Supreme Court of the United States conducted oral argument in the
TransUnion v. Ramirez case yesterday. Hinshaw published a review of oral argument in today s ACA Daily newsletter, along with an overview of the issues at stake. We anticipate the court will issue its ruling before Independence Day.
Third Circuit Says Law Firm s Consumer Call-Back Letter Was Not Deceptive
Earlier this month, the Third Circuit found that the language If you wish to eliminate further collection action, please contact us at 800-832-7675 ext. 8500 was not a violation of the Fair Debt Collection Practices Act (FDCPA). The plaintiff in the matter represented a class of individuals who received a collection letter with the cited language and claimed that the language implied that a phone call would suffice for actions required by the FDCPA to be in writing. Specifically, the rule requires that a debtor provides written notice to the debt collecto
The Atlantic
The Supreme Court Might Kill Voting Rights Quietly
Conservative justices seem poised to use complex, technical doctrines that will likely sanction all manner of state voter-suppression measures.
March 7, 2021
Interim Archives / Getty / The Atlantic
At the center of any democracy is the right to vote. If people cannot vote, then they have no say in the laws that govern them and cannot be truly free and equal citizens. But the right to vote is not a machine that runs by itself; it is dependent on the work of laws and institutions. And in America, conservatives have turned those laws and institutions against that right, seeking to reverse hard-fought gains that have helped make the constitutional promise of democracy a reality for all citizens. With a new voting-rights case before the Supreme Court, the situation might be about to get much, much worse.