Document(s) published by this organization: 45
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|Litigious Pro Se Mortgage Foreclosure Defendants Fined by Illinois Appellate Court to Deter Similar Conduct by Future Litigants|
Hinshaw Culbertson LLP;
October 15, 2013, previously published on October 14, 2013Comparing the pro se defendants' strategy to "paper terrorism," the Illinois Appellate Court First District recently affirmed the judgments of a foreclosure court, which found in favor of the mortgage lender and granted the lender its attorneys' fees. The court also separately directed...
|Repeated Disclosure as Debt Collector Not Needed According to New York District Court|
Hinshaw Culbertson LLP;
October 15, 2013, previously published on October 14, 2013In Majerowitz v. Stephen Einstein & Associates, P.C., 2013 WL 4432240 (E.D.N.Y. Aug. 15, 2013), the U.S. District Court for the Eastern District of New York held plaintiff's case frivolous and found that defendant's voicemails omitting a mini-Miranda disclosure did not violate Section 1692e(11)...
|Insurer Owes No Coverage Due to Lawyer's Failure to Report a Potential Claim|
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
October 4, 2013, previously published on October 2, 2013Plaintiff, an insured attorney, filed a complaint against defendant, his professional liability insurer, seeking a declaratory judgment and damages arising from its alleged breach of its contractual duty to defend him and of Pennsylvania's bad faith statute. The insured moved for summary judgment,...
|Two-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients|
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 18, 2013The Illinois First District Appellate Court held that Illinois' two-year statute of limitations in 735 ILCS 5/13-214.3(b) applies to legal malpractice claims but is not restricted to those claims, and applies to actions arising out of provision of legal services.
|Court Rejects Bona Fide Error Defense by Landlord Law Firm|
Terrence P. McAvoy, Concepcion A. Montoya; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 16, 2013In a case brought by plaintiff tenant under the Fair Debt Collection Practices Act (FDCPA), the U.S. District Court for the Southern District of New York recently denied defendant law firm's bona fide error defense arising from an unintentional misrepresentation by the law firm's client of the...
|Attention Financial Institutions, Mortgage Companies and Loan Servicers: CFPB Releases Second Update to Exam Procedures Utilized to Determine Compliance With Its Regulations|
Hinshaw Culbertson LLP;
September 26, 2013, previously published on September 16, 2013On August 15, 2013, the Consumer Finance Protection Board (CFPB) released a second update to its exam procedures with regard to the agency's governance of its mortgage regulations (Second Update). The exam procedures, which mostly go into effect in January 2014, provide guidance as to how CFPB...
|Plaintiff Must Show Actual Innocence to Pursue Malpractice Claim Against His Criminal Defense Counsel|
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 25, 2013On the basis of ineffective assistance of counsel, the Illinois Appellate Court vacated plaintiff client's conviction for attempted homicide. The client was later convicted of reckless endangerment, but sued defendant, his lawyer, for negligence. The court dismissed the suit, finding that a...
|Reargument in K2 May Provide the New York Court of Appeals with an Opportunity for a Correction|
Sina Bahadoran, Todd M. Davis; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 20, 2013In K2 Inv. Grp., LLC v. Am. Guarantee & Liab. Ins. Co., 21 N.Y.3d 384 (N.Y. June 11, 2013), the New York Court of Appeals announced that once an insurer breaches its duty to defend, it loses its right to assert exclusions on indemnity. Essentially, the insurer is penalized for its wrongful...
|Supreme Judicial Court of Massachusetts Clarifies Title Insurance Company's Duty to Defend and Narrows the Scope of Title Insurance Coverage|
Justin M. Fabella; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 12, 2013In GMAC Mortgage, LLC v. First American Title Insurance Company, 464 Mass. 733 (Apr. 4, 2013), an insured mortgagee brought claims against a title insurer, seeking to recover attorneys' fees and costs that stemmed from defending against an underlying lawsuit claiming a covered title defect, but...
|Florida's 2d District Court of Appeals Creates Conflict by Using Efficient Proximate Cause Doctrine|
Kristina L. Marsh; Hinshaw & Culbertson LLP;
September 26, 2013, previously published on September 23, 2013The Florida Second District Court of Appeals recently held that in a first-party property case where the damage was caused by more than one peril, an efficient proximate cause theory should be applied to determine whether the damage is covered. American Home Assurance Co., Inc. v. Sebo, No....