The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites readers have come to expect, with timely coverage of financial services decisions and cases that impact you and your business. At the end of each month, our team will compile and send a round-up digest with all of our case summaries delivered to your inbox in one easy-to-reference place.
This is the End … of Chevron Deference. What Does It Mean and What Comes Next?
On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed rule that governed the level of deference afforded to administrative agency interpretation of ambiguous statutes for nearly forty years. Keep reading.
On June 14, 2024, the United States District Court for the Western Division of Missouri granted summary judgment for a creditor on a plaintiff’s claim under the Fair Debt Collection Practices Act (FDCPA), finding that the Plaintiff lacked standing to assert her claim and ruling that the creditor’s alleged conduct did not violate the FDCPA. Keep reading.
On July 8, 2024, the United States District Court for the Eastern District of New York held that a mortgage loan from a private lender was within the scope of the Truth in Lending Act and Home Ownership and Equity Protection Act even though the recipient of the funds was a business entity, not an individual consumer. Keep reading.
On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone Consumer Protection Act).” Keep reading.
On June 21, 2024, the Ohio Second Appellate District reversed a trial court decision granting plaintiff summary judgment in a residential foreclosure action, finding that a competing lienholder’s discovery request for production of an original copy of the promissory note should have been made available for inspection prior to filing a dispositive motion. Keep reading.
