Civil Litigation

In fact, the same homeowner had a similar issue in a Florida action and succeeded to have the foreclosure dismissed pro se. See Elsman v. HSBC Bank USA, 182 So.3d 770, 771 (Fla. 5th DCA 2015). However, in this subsequent case, the Second Department did not dismiss the case but merely denied the bank’s summary judgment motion, leaving the assumption that the pro se homeowner failed to cross-move to dismiss. Wells Fargo Bank, N.A. v…
In fact, the same homeowner had a similar issue in a Florida action and succeeded to have the foreclosure dismissed pro se. See Elsman v. HSBC Bank USA, 182 So.3d 770, 771 (Fla. 5th DCA 2015). However, in this subsequent case, the Second Department did not dismiss the case but merely denied the bank’s summary judgment motion, leaving the assumption that the pro se homeowner failed to cross-move to dismiss. Wells Fargo Bank, N.A. v…
Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed  anti-corruption trends in 2020. Up next: a look at State Attorney General trends. Look for additional posts throughout the month of January. More than halfway into the Donald Trump administration, Trump’s Department of Justice has painted a pretty clear picture of its False Claims Act (“FCA”) enforcement priorities.  Despite some…
This case has a few twists and turns; the most significant one being that, through no fault of either party, the marital portion of a pension was incorrectly calculated by the plan, requiring the court to reconsider spousal maintenance and equitable shares. Achuthan v Achuthan, 2020 NY Slip Op 00255, Decided on January 15, 2020, Appellate Division, Second Department: “The parties were married on May 28, 1981, in New Delhi, India, and have one adult…