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Tag Archives: Notice

Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – New Defendant – Notice – Tort/Negligence – Broken Chair (access required)

McKnight v. Iceberg Enterprises LLC Although, at the time she filed her original complaint, plaintiff did not know who had manufactured the chair that broke when she sat in it, she amended her complaint to name the defendant-manufacturer within the time for serving process under Fed. R. Civ. P. 4(m). Defendant’s motion to dismiss, based on the statute of limitations, is denied.

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Real Property – Consumer Protection – TILA Rescission Right – ‘Notice’ (access required)

Gilbert v. Residential Funding LLC A homeowner may exercise a right to rescind a mortgage transaction under the Truth in Lending Act by notifying the creditor within the three-year period; the owner is not required to file a lawsuit within the three-year window to exercise the rescission right, and the 4th Circuit reverses a contrary district court decision on a question of law that has split federal appeals courts.

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Banks & Banking – Consumer Protection — Retail Installment Contract – Repossession – Notice – No Preemption (access required)

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 before they repossess goods bought on a retail installment contract, and the 4th Circuit vacates dismissal of plaintiff car buyer’s putative class action.

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Workers’ Compensation – Repetitive Trauma Injury – Medical Evidence – Causation – Notice (access required)

Thigpen v. Lexington Medical Center Plaintiff’s family physician – who said he was not an expert on carpal tunnel syndrome – testified that the claimant’s job duties could “potentially exacerbate” her carpal tunnel syndrome. The orthopedic surgeon who performed the claimant’s carpal tunnel surgery testified that he could not say what caused the claimant’s carpal tunnel syndrome or how long it had been present. He said he was “not certain as to the causation of her carpal tunnel syndrome, but her job activities, if she does a lot of repetitive flexion, extension activities most probably can aggravate any preexisting problems.” This evidence was insufficient to demonstrate the existence of a direct causal connection between the repetitive activities of the claimant’s job and her carpal tunnel syndrome.

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Workers’ Compensation – Notice – Repetitive Trauma Injury – Medical Care or Disability – Evidence – Unlicensed Doctor (access required)

McCall v. Sandvik, Inc. The claimant’s obligation to provide notice under S.C. Code Ann. § 42-15-20(C) was triggered only after her repetitive trauma injury (RTI) required medical care or interfered with her ability to perform her job – neither of which occurred prior to her diagnosis on Nov. 29, 2007.

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Real Property – Mortgages – Priority – Leasehold – Notice – Appraisal Report (access required)

RL REGI Financial, LLC v. DDB of Spartanburg, LLC Since the appraisal report commissioned by the plaintiff-lender clearly noted defendant MCC Outdoor’s leasehold interest in the property at issue, the lender had actual or constructive notice of MCC’s prior interest in the property; therefore, the lender’s mortgage is subordinate to the unrecorded leasehold.

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Bankruptcy – Secured Creditor – Post-Petition Fees – Notice – Plan Confirmation – Res Judicata (access required)

Ginn v. CitiMortgage, Inc. Where plaintiffs used 11 U.S.C. § 1322(b)(5) in their plan’s treatment of the defendant-creditor’s claim, 11 U.S.C. § 506(b) did not require the creditor to give notice of or request leave to impose post-petition fees and expenses. The creditor’s motion to dismiss plaintiffs’ adversary proceeding is granted in part and denied in part.

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