http://nclawyersweekly.com Wed, 19 Jun 2013 20:42:08 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2012/11/15/banks-banking-investment-contract-tortnegligence-breach-of-fiduciary-duty-claim-lehman-note/ http://nclawyersweekly.com/2012/11/15/banks-banking-investment-contract-tortnegligence-breach-of-fiduciary-duty-claim-lehman-note/#comments Thu, 15 Nov 2012 16:24:01 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=67919 North Carolina Department of State Treasurer v. Bank of New York Mellon Whether a note with a term of two years and two days was a “two-year note” within the meaning of the parties’ contract is a factual issue not appropriately resolved on a motion for judgment on the pleadings.]]> http://nclawyersweekly.com/2012/11/15/banks-banking-investment-contract-tortnegligence-breach-of-fiduciary-duty-claim-lehman-note/feed/ 0 http://nclawyersweekly.com/2012/10/11/banks-banking-tortnegligence-business-judgment-rule-ordinary-negligence-civil-practice-motion-to-strike-affirmative-defense-failure-to/ http://nclawyersweekly.com/2012/10/11/banks-banking-tortnegligence-business-judgment-rule-ordinary-negligence-civil-practice-motion-to-strike-affirmative-defense-failure-to/#comments Thu, 11 Oct 2012 14:52:53 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=67005 Federal Deposit Insurance Corp. v. Willetts This court previously denied defendants’ motion to dismiss based on its determination that, should defendants’ actions be determined to fall beyond the scope of the business judgment rule, they will be judged against an ordinary prudent person standard. The court stands by its ruling.]]> http://nclawyersweekly.com/2012/10/11/banks-banking-tortnegligence-business-judgment-rule-ordinary-negligence-civil-practice-motion-to-strike-affirmative-defense-failure-to/feed/ 0 http://nclawyersweekly.com/2012/05/23/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach-2/ http://nclawyersweekly.com/2012/05/23/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach-2/#comments Wed, 23 May 2012 13:14:05 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62681 Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must exhaust their administrative remedies under the Financial Institutional Reform, Recovery and Enforcement Act (FIRREA) before they can seek judicial remedies.]]> http://nclawyersweekly.com/2012/05/23/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach-2/feed/ 0 http://nclawyersweekly.com/2012/05/22/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach/ http://nclawyersweekly.com/2012/05/22/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach/#comments Tue, 22 May 2012 21:11:07 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62674 Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must exhaust their administrative remedies under the Financial Institutional Reform, Recovery and Enforcement Act (FIRREA) before they can seek judicial remedies.]]> http://nclawyersweekly.com/2012/05/22/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach/feed/ 0 http://nclawyersweekly.com/2012/04/26/banks-banking-tortnegligence-firrea-corporate-officer-director-liability-gross-negligence-business-judgment-rule/ http://nclawyersweekly.com/2012/04/26/banks-banking-tortnegligence-firrea-corporate-officer-director-liability-gross-negligence-business-judgment-rule/#comments Thu, 26 Apr 2012 14:12:06 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62015 Federal Deposit Insurance Corp. v. Willetts Plaintiff alleges that the defendant-officers and directors of Cooperative Bank permitted a lax loan approval process, that state and federal regulators repeatedly warned defendants about risks associated with a high concentration in speculative loans, and that defendants continued to focus on real estate lending after 2007 when they should have known that the real estate market was slowing. Plaintiff has sufficiently alleged gross negligence; furthermore, it is too early in this action to determine whether the business judgment rule will protect defendants from claims of ordinary negligence.]]> http://nclawyersweekly.com/2012/04/26/banks-banking-tortnegligence-firrea-corporate-officer-director-liability-gross-negligence-business-judgment-rule/feed/ 0 http://nclawyersweekly.com/2012/04/12/banks-banking-consumer-protection-retail-installment-contract-repossession-notice-no-preemption/ http://nclawyersweekly.com/2012/04/12/banks-banking-consumer-protection-retail-installment-contract-repossession-notice-no-preemption/#comments Thu, 12 Apr 2012 13:48:16 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=61610 Epps v. JP Morgan Chase Bank NA Federal regulations under the National Banking Act do not preempt a Maryland statute that governs repossession of personal property; Maryland has the right to regulate the notices lenders sent to borrowers before they repossess goods bought on a retail installment contract, and the 4th Circuit vacates dismissal of plaintiff car buyer’s putative class action.]]> http://nclawyersweekly.com/2012/04/12/banks-banking-consumer-protection-retail-installment-contract-repossession-notice-no-preemption/feed/ 0 http://nclawyersweekly.com/2011/09/07/banks-banking-unfair-trade-practices-loan-discount-fee-no-discount-closing-fees/ http://nclawyersweekly.com/2011/09/07/banks-banking-unfair-trade-practices-loan-discount-fee-no-discount-closing-fees/#comments Wed, 07 Sep 2011 14:15:14 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=57845 Bumpers v. Community Bank of Northern Virginia When defendant charged plaintiffs for something it did not provide - a discount on the loan rate - defendant committed an unfair trade practice. We affirm summary judgment for plaintiffs on their unfair trade practices claim based on the loan discount fee. We reverse summary judgment for plaintiffs as to the issue of excessive closing fees. On remand, the trial court may consider the question of class certification.]]> http://nclawyersweekly.com/2011/09/07/banks-banking-unfair-trade-practices-loan-discount-fee-no-discount-closing-fees/feed/ 0 http://nclawyersweekly.com/2011/06/15/real-property-mortgages-duty-to-borrowers-appraiser/ http://nclawyersweekly.com/2011/06/15/real-property-mortgages-duty-to-borrowers-appraiser/#comments Wed, 15 Jun 2011 15:40:31 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=56230 Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. The plaintiff-borrowers claim the defendant-bank breached its duty to them by failing to disclose that the developer controlled the loan process, including the selection of an appraiser; however, the bank did not owe the borrowers a duty to disclose any details of the loan process not required to be disclosed under state or federal law or under the terms of the loan agreements. The bank's motion to dismiss is granted.]]> http://nclawyersweekly.com/2011/06/15/real-property-mortgages-duty-to-borrowers-appraiser/feed/ 0 http://nclawyersweekly.com/2011/03/18/banks-banking-deed-of-trust-hypothecation-agreement-notes-renewal-notes-maturity-date-future-advances-foreclosure/ http://nclawyersweekly.com/2011/03/18/banks-banking-deed-of-trust-hypothecation-agreement-notes-renewal-notes-maturity-date-future-advances-foreclosure/#comments Fri, 18 Mar 2011 13:47:15 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=54775 http://nclawyersweekly.com/2011/03/18/banks-banking-deed-of-trust-hypothecation-agreement-notes-renewal-notes-maturity-date-future-advances-foreclosure/feed/ 0 http://nclawyersweekly.com/2011/03/10/banks-banking-derivative-claims-holders-claims-special-duty/ http://nclawyersweekly.com/2011/03/10/banks-banking-derivative-claims-holders-claims-special-duty/#comments Thu, 10 Mar 2011 22:32:32 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=54681 http://nclawyersweekly.com/2011/03/10/banks-banking-derivative-claims-holders-claims-special-duty/feed/ 0