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Banks & Banking – Bankruptcy – D’Oench Doctrine – Bank’s Successor – Defenses
Bank Meridian, N.A. v. Ultra Holdings, LLC Where oral statements made by the plaintiff-bank’s employees form the basis for defendants’ defenses, those defenses cannot be asserted against the now-insolvent bank’s successor.
Banks & Banking – Tort/Negligence – Fraud & Negligent Misrepresentation – Unfair Trade Practices – Failure to Lend
Skywaves I Corp. v. Branch Banking & Trust Co. Plaintiff makes general allegations that the defendant-bank’s actions were characterized by dishonesty and unfair dealing with respect to plaintiff’s plan to transition from defendant to another lender and defendant’s decision to cease funding plaintiff, but plaintiff fails to plead any specific fraudulent act by defendant. Plaintif[...]
Banks & Banking – Failure to Lend – Statute of Frauds – Tort/Negligence — Borrower’s Investors
Kerr v. Branch Banking & Trust Co. Where plaintiffs’ claims are based on the defendant-bank’s alleged oral promises to fund a company in which plaintiffs were investors, plaintiffs’ claims are barred by S.C. Code Ann. § 37-10-107. Defendants’ motion to dismiss is granted.
Banks & Banking – Tort/Negligence – Conservator’s Account – Punitive Damages
Cody P. v. Bank of America, N.A. Where the defendant-bank ignored its own safeguards in setting up and handling a conservatorship account for the minor special-needs plaintiff, thereby allowing his conservator to convert plaintiff’s funds to her own use, the bank’s conduct was reprehensible, and the jury’s punitive damages award is reasonable and proportionate to the harm plaintiff [...]
Banks & Banking – Real Property – Mortgages – Equity Line – Unauthorized Practice of Law
Real Property - Mortgages - Equity Line - Unauthorized Practice of Law
Banks & Banking – Loan Fraud – Mortgage Securitization
Loan Fraud - Mortgage Securitization
Banks and Banking – Receiver – Breach Of Fiduciary Duty – In Pari Delicto
Receiver - Breach Of Fiduciary Duty - In Pari Delicto
Banks & Banking – Default Judgment – Service Of Process
Default Judgment - Service Of Process
Banks and Banking – Jury Charge – Independent Contractor – Attorney Misconduct
Jury Charge - Independent Contractor - Attorney Misconduct
Banks and Banking – Jury Charge – Independent Contractor – Attorney Misconduct
Jury Charge - Independent Contractor - Attorney Misconduct
Banks and Banking – Note – Security Agreement – Guaranties – Collateral
Note - Security Agreement - Guaranties - Collateral
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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