Appellate Law News and Insights

While Courts Often Uphold Arbitration Awards, The Underlying Arbitration Agreement Faces A More Stringent Review When Challenged

Published: May 30, 2022
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The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to...

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Illinois Appellate Court Holds November 2020 Foreclosure Sale Was Not Improper In Light Of COVID Moratorium

Published: May 19, 2022
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The Illinois Court of Appeals recently found that Fannie Mae's COVID-related instruction for servicers to suspend foreclosure-related activities beginning in March 2020 was not grounds to vacate a February 2020 foreclosure judgment or a November 2020 foreclosure sale. See Bayview Loan Servicing, LLC v. Starks, 2022 IL App (2d) 210056,...

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CA Appellate Court Addresses “Willfulness” Standard Under FCRA

Published: May 05, 2022
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On April 19, 2022, a California Appeals Court reversed and remanded a trial court's grant of summary judgment in an employer's favor, concluding there was a triable issue of material fact regarding whether a defendant had "willfully" violated the Fair Credit Reporting Act's ("FCRA") "standalone disclosure" requirement. The case is Hebert...

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