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Fifth Circuit says prevailing lender in a wrongful foreclosure action may seek attorney’s fees under Rule 54(d)(2)

On January 31, 2014 by Schnader in Finance

By Stephen J. Shapiro Under Federal Rule of Civil Procedure 54(d)(2), a prevailing party that has a contractual or statutory right to recover attorney’s fees may request those fees by filing a motion within 14 days of entry of the judgment, “unless the substantive law requires those fees to be proved […]

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In data breach case, Fifth Circuit says New Jersey’s economic loss doctrine does not bar negligence claim by credit card issuers

On September 5, 2013 by Schnader in Finance

By Stephen J. Shapiro In 2008, hackers compromised the network of Heartland Payment Systems, a company that processes credit card transactions, and obtained access to the personal data of millions of credit card holders. Not surprisingly, the incident led to a slew of litigation, including a lawsuit filed in federal court […]

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