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Category: Finance

ALI Approves Restatement of the Law of Liability Insurance

On May 24, 2018 by Schnader in Finance

By Gordon S. Woodward On May 22 the American Law Institute voted final approval for the Restatement of the Law of Liability Insurance (RLLI). This was eight years in the making (including 29 drafts) but now sets forth ALI’s positions on numerous important coverage issues. This invaluable resource included input […]

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SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced

On May 22, 2018 by Schnader in Finance

By Stephen A. Fogdall In a landmark decision, the U.S. Supreme Court has ruled 5-4 that arbitration clauses in employment contracts requiring individual dispute resolution procedures and prohibiting class actions and other collective litigation procedures must be enforced under the Federal Arbitration Act.  The Court rejected the position taken by […]

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The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the doctrine of equitable tolling might apply.

On May 21, 2018 by Schnader in Finance

By Stephen J. Shapiro In a precedential decision diverging from holdings in the Fourth and Ninth Circuits, the United States Court of Appeals for the Third Circuit, sitting en banc, held that the one-year statute of limitations in the FDCPA runs from the date the alleged violation occurs, not from […]

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Servicer Violated RESPA but Caused no Damages: Eighth Circuit

On April 19, 2018 by Schnader in Finance

By Stephen A. Fogdall The U.S. Court of Appeals for the Eighth Circuit concluded earlier this month in Wirtz v. Specialized Loan Servicing, LLC, that a mortgage loan servicer violated Section 6 of the Real Estate Settlement Procedures Act (RESPA) by failing to obtain a borrower’s complete payment history from […]

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