Free Newsletter
Banks & Banking – Fraudulent Transfer Claim – Gift Recipient – Indemnity – ECOA Defense – Unjust Enrichment
Wells Fargo, N.A. v. Triplett The plaintiff-bank alleges that, while Peggy Triplett and her husband owed the bank between two and four million dollars, Mrs. Triplett fraudulently transferred $8 million to the Peggy Ann Triplett Foundation. [...]
Banks & Banking – Contract – Promissory Note – ECOA – Wife’s Guaranty – First Impression – Affirmative Defense
RL Regi North Carolina, LLC v. Lighthouse Cove, LLC When a bank violates the federal Equal Credit Opportunity Act by requiring a spouse to guaranty a secured loan, the spouse can raise the ECOA violation as an affirmative defense if the ban[...]
Banks & Banking – Investment Contract – Tort/Negligence – Breach of Fiduciary Duty Claim – Lehman Note
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 resolve[...]
Banks & Banking – Tort/Negligence – Business Judgment Rule – Ordinary Negligence – Civil Practice – Motion to Strike – Affirmative Defense – Failure to Mitigate Damages
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, the[...]
Banks & Banking – FIRREA – Exhaustion of Administrative Remedies – First Impression — FDIC Receivership – Purchase – Tort/Negligence — Real Property – Breach of Contract
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 [...]
Banks & Banking – FIRREA – Exhaustion of Administrative Remedies – First Impression — FDIC Receivership – Purchase – Tort/Negligence — Real Property – Breach of Contract
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[...]
Banks & Banking – Tort/Negligence – FIRREA – Corporate – Officer & Director Liability – Gross Negligence – Business Judgment Rule
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 ass[...]
Banks & Banking – Consumer Protection – Retail Installment Contract – Repossession – Notice – No Preemption
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 bef[...]
Banks & Banking – Unfair Trade Practices – Loan Discount Fee – No Discount – Closing Fees
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 t[...]
Real Property – Mortgages – Duty to Borrowers – Appraiser
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 a[...]
Banks & Banking – Deed of Trust – Hypothecation Agreement – Notes – Renewal Notes – Maturity Date – Future Advances – Foreclosure
In re Hall. (Lawyers Weekly No. 11-07-0270, 16 pp.) (J. Douglas McCullough, J.) Appealed from Dare County Superior Court. (J. Carlton Cole, J.) N.C. App. Click here for the full […]
Banks & Banking – Derivative Claims – Holders Claims – Special Duty
Harris v. Wachovia Corp. (Lawyers Weekly No. 11-15-0254, 29 pp.) (John Jolly, J.) N.C. Bus. Ct. Click here for the full text of the opinion. Holding: In an issue of […]
Legal Tech
- How ransomware tactics against law firms are changing
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
Top Legal News
- Legally Speaking: How communication failures turn disputes into lawsuits
- AG Jackson refuses to sign Duke Energy rate settlement
- Fraud counterclaims fail in dispute over company restructuring
- Judges’ pick for Seattle’s federal prosecutor sues Trump after ouster
- US judge approves Anthropic’s $1.5 billion settlement of copyright lawsuit
- The legal confusion surrounding e-bikes
- Two Charlotte women file federal claims against immigration agents after Operation Charlotte’s Web arrests
Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
