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|Tsilhqot'in Nation - An East Coast Perspective|
July 26, 2014, previously published on July 9, 2014On June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall - Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (also known as the William decision). This decision could have considerable impact on aboriginal land title claims...
|Second Circuit Holds Mortgagor’s Written Request for Information Does Not Qualify as a QWR When Not Sent to the QWR Designated Address|
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
July 26, 2014, previously published on July 24, 2014In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting various mortgage related information sent by her lawyer, the mortgagor’s RESPA claim was properly dismissed on the basis that her...
|Ros v. Lasalle Bank: Southern District of Florida Applies New Florida DCA Case Law to Dismiss Quiet Title Suit Based on Statute of Limitations Allegations|
Nicholas S. Agnello; Burr & Forman LLP;
July 26, 2014, previously published on July 21, 2014In Ros v. Lasalle Bank, N.A., et al., 14-CIV-22112-BLOOM/VALLE (S.D. Fla. July 18, 2014) the Southern District of Florida became the first United States District Court to apply the holding in Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342 (Fla. 4th DCA 2014) regarding efforts...
|$30, Four Opinions, and No Decision: The Province and Duty to Say What the Law Probably Is|
Kellen C. Kasper; Foley & Lardner LLP;
July 26, 2014, previously published on July 25, 2014Federal appellate courts ordinarily grant en banc hearings or rehearings only when “(1) en banc consideration is necessary to secure or maintain uniformity of the court’s decisions; or (2) the proceeding involves a question of exceptional importance.” Fed. R. App. P. 35(a). So,...
|Delaware Surplus Lines Insurance Brokers and Producers Must Use Updated Statement of Diligent Effort Form (SL-1923) Reflecting Notarization|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 26, 2014, previously published on July 23, 2014Delaware Insurance Commissioner Karen Weldin Stewart issued Surplus Lines Bulletin No. 13 on June 30, 2014 to address the addition of a notary signature form to the current Statement of Diligent Effort (Form SL-1923 or "Form"). The addition was made after it had been determined that...
|Evergrene Partners v. CitiBank: Florida District Court of Appeal Affirms Dismissal Complaint to Cancel Mortgage Based Upon Statute of Limitations|
Nicholas S. Agnello; Burr & Forman LLP;
July 26, 2014, previously published on July 21, 2014In Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342, 2014 WL 2862392 (Fla. 4th DCA June 25, 2014) Florida’s Fourth District Court of Appeal affirmed dismissal of a complaint which sought to cancel a residential mortgage by alleging that the statute of limitations had run...
|Disputing Debts under the FDCPA - The Effect of the Fourth Circuit’s Opinion in Clark v. Absolute Collection Service, Inc.|
R. Scott Adams; Spilman Thomas & Battle, PLLC;
July 26, 2014, previously published on July 16, 2014In January of this year, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided the case of Clark v. Absolute Collection Service, Inc. (741 F.3d 487, 4th Cir. 2014). The question of first impression before the Court was whether Section 1692g(a)(3) of the...
|Deadline is Fast Approaching for Business Associate Agreements to Comply with HIPAA's Omnibus Rule|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 18, 2014Many organizations, whether business associates, covered entities, or contractors/vendors of business associates, have updated their business associate agreements to comply with the Omnibus Rule. However, many others have not. All business associate agreements must be brought into compliance with...
|Another Court Recognizes The Attorney Client Privilege Extends To Internal Law Firm Communications|
David P. Atkins, Collin P. Baron, Thomas F. Maxwell, Edward P. McCreery, Adam S. Mocciolo; Pullman & Comley, LLC;
July 26, 2014If you have been following the evolving law on attorney client privilege for internal law firm communications - the subject of our Law Firm Risk Managers' Lunch Forum in April of 2013 - you may be interested to know that on May 30 the Oregon Supreme Court joined courts in other states to hold that...
|US Federal Trade Commission Challenge Reminds Companies To Be Wary About Communicating with Competitors|
Scott P. Perlman, Matthew A. Tabas; Mayer Brown LLP;
July 26, 2014, previously published on July 24, 2014The US Federal Trade Commission (FTC) has settled charges that two of the leading online barcode resellers violated Section 5 of the FTC Act by inviting competitors to collude and raise prices for barcodes sold over the Internet. Even though the settlement essentially only requires the online...