Civil Litigation

In this case, an investor company bought the property after the homeowner defaulted but before the foreclosure action was begun. Citimortgage, Inc. v Etienne, 2019 NY Slip Op 03564, Decided on May 8, 2019, Appellate Division, Second Department: “Turning to the merits, OKL contends that the Supreme Court should not have awarded the plaintiff summary judgment because the plaintiff failed to establish, prima facie, that it gave proper notice to the borrower in strict accordance…
In this case, an investor company bought the property after the homeowner defaulted but before the foreclosure action was begun. Citimortgage, Inc. v Etienne, 2019 NY Slip Op 03564, Decided on May 8, 2019, Appellate Division, Second Department: “Turning to the merits, OKL contends that the Supreme Court should not have awarded the plaintiff summary judgment because the plaintiff failed to establish, prima facie, that it gave proper notice to the borrower in strict accordance…
The Illinois First District Court of Appeals recently decided Babich v. Copernicus Foundation, 2019 IL App (1st) 181537-U (April 26, 2019). Babich is yet another chapter in the long line of slip-and-fall cases litigated in Illinois. This particular chapter concluded in favor of the premises owner, who was found to have fulfilled the duty owed to an invitee. Although not formally reported, Babich provides guidance to premises owners that might encounter this relatively common situation.…
By Jean Meyer On May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners Insurance Co. v. Bolt Factory Lofts Owners Association, Inc.[1] on the importance of ripeness in declaratory judgment insurance actions and bad faith counterclaims. The case arrived in front of Judge Jackson based on the following fact pattern. A homeowner association (Bolt Factory Lofts…
You want to end your marriage, and you are wondering: Can I get an annulment instead of a divorce? This post will discuss how to get an annulment in Oklahoma. First, here is the difference between a divorce and an annulment: · A divorce is the legal termination of a valid marriage. · An annulment is a decision, where a judge rules that a marriage is invalid, because of a defect existing at the inception…
In this case: “Plaintiffs bring claims under Section 504 of the Rehabilitation Act of 1983 (the “Rehabilitation Act”), 29 U.S.C. § 794, and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., alleging that Defendant “failed to protect J.L. from the repeated and frequent bullying which occurred because of his disability on the schools’ premises” (“Count One” and “Count Two,” respectively). (Compl. ¶¶ 42-60.) Plaintiffs also bring a variety of common-law claims,…