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Loan Agreements Appellate Courts Lenders

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Clarifies No Duty of Disclosure in Guaranty Agreements

In August 2025, the Supreme Court of Ohio issued its decision in Huntington National Bank v. Schneider providing important guidance on the obligations of lenders in guaranty and suretyship relationships. The Court rejected...more

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

McGlinchey Stafford on

In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Proskauer Rose LLP

The End of Non-Pro Rata Uptiers? Fifth Circuit Rules that Serta Exchange was Not an “Open Market Purchase”

Proskauer Rose LLP on

The United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) ruled on December 31, 2024 that Serta Simmons Bedding’s (“SSB”) 2020 uptier exchange included a transaction that, contrary to the assertions of...more

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