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HTMLRepeated Disclosure as Debt Collector Not Needed According to New York District Court
Hinshaw Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 14, 2013
In 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)...

 

HTMLAttorney Owes Duty to Next of Kin in Wrongful Death Action Despite Lack of Direct Retention of Attorney
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 10, 2013
A court-appointed public guardian brought professional negligence claims against a variety of lawyers and law firms that were involved in litigating the underlying wrongful death action. The trial court dismissed the complaint on the basis that there was no direct attorney-client relationship...

 

HTMLInsurer Owes No Coverage Due to Lawyer's Failure to Report a Potential Claim
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 4, 2013, previously published on October 2, 2013
Plaintiff, 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,...

 

HTMLCourt Rejects Bona Fide Error Defense by Landlord Law Firm
Terrence P. McAvoy, Concepcion A. Montoya; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
In 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...

 

HTMLFlorida's 2d District Court of Appeals Creates Conflict by Using Efficient Proximate Cause Doctrine
Kristina L. Marsh; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 23, 2013
The 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....

 

HTMLPlaintiff Must Show Actual Innocence to Pursue Malpractice Claim Against His Criminal Defense Counsel
Noah D. Fiedler, Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 25, 2013
On 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...

 

HTMLAttention Financial Institutions, Mortgage Companies and Loan Servicers: CFPB Releases Second Update to Exam Procedures Utilized to Determine Compliance With Its Regulations
Hinshaw Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
On 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...

 

HTMLReargument in K2 May Provide the New York Court of Appeals with an Opportunity for a Correction
Sina Bahadoran, Todd M. Davis; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 20, 2013
In 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...

 

HTMLOctober 1 Deadline Approaching for Employers, Including Schools, to Issue "Notice of Coverage Options" to Employees
Anthony E. Antognoli; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 19, 2013
The Affordable Care Act (ACA) imposes on employers various new obligations that are to take effect over the next several years. Employers received some measure of relief with the surprise announcement of a one-year delay in the enforcement of the employer mandate until January 1, 2015. Other...

 

HTMLSupreme 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;
Legal Alert/Article
September 26, 2013, previously published on September 12, 2013
In 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...

 


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