SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute -
On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more
7/7/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Contracts ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Credit Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Arbitration Act ,
Hobbs Act ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Motion to Compel ,
OH Supreme Court ,
Opt-Outs ,
RESPA ,
SCOTUS ,
Statutory Interpretation ,
TCPA
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
6/5/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Litigation Strategies ,
Motion to Dismiss ,
Standing ,
Truth in Lending Act (TILA)
On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more
5/20/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Consumer Protection Laws ,
Dispute Resolution ,
Fees ,
Judicial Intervention ,
Mediation ,
New Rules ,
Regulatory Reform ,
Transparency
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
...more
4/1/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Jurisdiction ,
Landlords ,
Lemon Laws ,
Litigation Strategies ,
Mortgages ,
Summary Judgment
The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the Federal...more
The District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing the debt, violated the cease communication directive under the...more
In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more
2/18/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Business Litigation ,
Class Action ,
Compliance ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Military Lending Act ,
Servicemembers Civil Relief Act (SCRA) ,
Veterans
Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more
2/5/2025
/ Abstention ,
Appeals ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
FDCPA ,
Federal Arbitration Act ,
Financial Institutions ,
Foreclosure ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Mortgages ,
New Jersey ,
Popular ,
Remand ,
RESPA ,
Summary Judgment
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.
What is the...more
1/17/2025
/ Antitrust Provisions ,
Appeals ,
Article III ,
Case or Controversy ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Jurisdiction ,
Federal Rules of Civil Procedure ,
Remand ,
Removal ,
Royal Canin USA Inc v Wullschleger ,
SCOTUS ,
Supplemental Jurisdiction
In Beard, the buyers under a retail installment sales contract filed claims against the car dealership they purchased the vehicle from and the indirect auto finance company that ultimately financed the purchase. In response,...more
The recent decision in Serafine v. Crump by the Supreme Court of Texas primarily revolves around the interpretation of what constitutes “litigation” under Texas law, particularly in the context of determining whether someone...more
Cincinnati v. PE Alms Hill Realty, LLC, 1st Dist. Hamilton, 2023-Ohio-2784. In this appeal, the First Appellate District affirmed the trial court’s decision to grant commercial lenders summary judgment on their breach of...more
8/21/2023
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Business Records Exception ,
Class Action ,
Commercial Leases ,
Duty to Mitigate ,
Economic Loss Doctrine ,
Fiduciary Duty ,
Guaranty Claims ,
Motion to Compel ,
Negligence ,
Personal Liability ,
Unconscionable Contracts
Statute of Repose-
Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827
In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s...more
The Bullet Point: An Ohio Commercial Law Bulletin
Is my interest in a deed subject to the Stranger Rule?
October 15, 2020
Compulsory Counterclaims to foreclosure
Helfinstine v. Wells Fargo Bank, NA, 9th Dist. Summit...more
10/18/2020
/ Admissible Evidence ,
Adverse Possession ,
Appeals ,
Authentication ,
Compulsory Claims ,
Corporate Records ,
Counterclaims ,
Debt Collection ,
Deeds ,
Foreclosure ,
Grantors ,
Remand ,
Reversal ,
State and Local Government ,
Third-Party Relationships ,
Transfer of Title
The Bullet Point: Ohio Commercial Law Bulletin
Is my conduct a violation of the Consumer Sales Practices Act?
Volume 4, Issue 18
October 2, 2020
Unconscionable arbitration agreement
Klonowski v. Lynch, 8th Dist. Cuyahoga...more
10/6/2020
/ Acceleration ,
Appeals ,
Arbitration Agreements ,
Bargaining Power ,
Borrowers ,
Consumer Sales Practices Act ,
Default ,
Delinquent Borrowers ,
False Advertising ,
Lis Pendens ,
Mortgages ,
Reasonableness Factors ,
Remand ,
Reversal ,
Right To Cure ,
Stays ,
Unconscionable Contracts
Shareholder Derivative Lawsuit
Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347
In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more
6/23/2020
/ Actual Injuries ,
Affidavits ,
Appeals ,
Debtors ,
Derivatives ,
disco ,
Discovery ,
Discovery Rule ,
Final Judgment ,
Financial Instruments ,
Foreclosure ,
Judgment Creditors ,
Judgment Debtors ,
Liens ,
Mortgage Lenders ,
Mortgages ,
Motion To Intervene ,
Noteholders ,
Post-Judgment Interest ,
Promissory Notes ,
Proximate Cause ,
Redressability ,
Right to Possession ,
Shareholder Litigation ,
Shareholders ,
State and Local Government ,
Statute of Limitations ,
Tolling ,
Ultra Vires ,
Wage Garnishment
The Bullet Point: An Ohio Commercial Law Bulletin May 20, 2020 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal...more
5/20/2020
/ Appeals ,
Breach of Contract ,
Fraudulent Concealment ,
Future Claims ,
Lack of Jurisdiction ,
Lemon Laws ,
Personal Jurisdiction ,
Release of Liability ,
Reversal ,
State and Local Government ,
Statute of Limitations ,
Summary Judgment ,
Tolling ,
Voluntary Dismissals
Fraudulent Conveyance
Koleti v. Mehlman, 1st Dist. Hamilton No. C-190015, 2020-Ohio-2708
In this appeal, the First Appellate District reversed the trial court’s decision and found that a debtor’s liability to a creditor for...more
The Marketable Title Act -
Garden Botanical Garden v. Drewien, 8th Dist. Cuyahoga No. 108536, 2020-Ohio-1278 -
In this case, the Eighth Appellate District affirmed in part and reversed in part the trial court’s...more
QWR Responses -
Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) -
In this case, the Northern District of Ohio granted in part and denied in part the loan...more
4/2/2020
/ Admissible Evidence ,
Affidavits ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Class Certification ,
Consumer Protection Laws ,
Defense Strategies ,
Duty to Respond ,
FDCPA ,
Foreclosure ,
Judicial Review ,
Motion for Summary Judgment ,
Non-Appealable Decisions ,
Qualified Written Requests ,
RESPA ,
Standing ,
Waiver of Rights