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Third Circuit Revives Challenge to Firm's Debt Collection Practices
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue. Kaymark v. Udren Law Offices, No. 14'1816 ().
Dale Kaymark, who refinanced his Pittsburgh-area house for $245,600 in 2006 and fell behind on his mortgage payments in 2011, filed a class action suit against Bank of America and its local law firm, Udren Law Offices, alleging that their foreclosure efforts violated the federal Fair Debt Collection Practices Act (FDCPA) and the state Fair Credit Extension Uniformity Act and Unfair Trade Practices and Consumer Protection Law (UTPCPL).
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.