6 Things To Consider Before Litigation
Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast
PODCAST: Williams Mullen's Benefits Companion - Cybersecurity Considerations for Retirement Plan Sponsors
Making Effective Use of the Claims/Disputes Process
On March 10, 2025, a Minnesota state court judge granted in part and denied in part a credit union’s motion for summary judgment—and granted the defendants’ motion for leave to assert counterclaims against the credit union—in...more
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
In April 2024, the Alabama Supreme Court issued an opinion in Alavest, LLC v. Harris that significantly expands the application of Rule 19 of the Alabama Rules of Civil Procedure to post-foreclosure proceedings when it held...more
In New York, it is settled precedent that a judgment of foreclosure and sale is final as to all questions at issue between the parties. Thus, once a final judgment is entered, both parties have no recourse or ability to raise...more
On April 5, 2022, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) published an opinion, Censo, LLC v. Newrez, LLC, BAP No. NV-21-1125-LTF (Apr. 5, 2022), which provides a framework for addressing whether a...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
When an SBA loan goes into default, the SBA requires a lender to commence litigation when the lender concludes that (1) defensive action is necessary to protect the collateral or ability to collect from the obligor or (2)...more
On September 19, 2019, the U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s conclusion that a purchaser at a private foreclosure sale has no successor liability to a debtor’s unpaid creditors. ...more
Lenders beware! If you have brought an action to seek recovery of a defaulted consumer loan whether it be foreclosure or a breach of contract action, Connecticut has a statutory scheme which provides that the debtor, if it...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more