News & Publications

On December 15, 2021, the Second Department issued an opinion in the case of Bank of America v. Kessler that considered the strict application of RPAPL 1304.  The Court noted that the statute specifically provides that "[t]he notices required by this section shall be sent by the lender, assignee, or mortgage loan servicer in a separate envelope from any other mailing or notice."  The Court held that "inclusion of any material in the separate envelope sent to the borrower [...]

On January 28, 2022, the US Court of Appeals for the Ninth Circuit issued a decision upholding a California law that applies "network neutrality" requirements to internet service providers in the state, affirming a decision by a federal district court to deny a preliminary injunction requested by industry trade associations. Network neutrality is a form of regulation that prohibits internet service providers from adopting practices that could impede the flow of information on the internet. It [...]

This week, the Ninth Circuit parts ways with the Second Circuit on whether unnamed real defendants in interest can remove state cases to federal court and issues a split decision on Title IX liability. SHARMA V. HIS ASSET LOAN OBLIGATION TRUST 2007-1 The Court holds that only a named defendant may remove a case to federal court under 28 U.S.C. § 1441(a). Panel: Judges Lucero (10th Cir.), Ikuta, and VanDyke, with Judge VanDyke writing the opinion [...]