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United States: Lenders Beware -- California Decision May Ignite Next Wave Of Lender Liability Litigation - Sheppard Mullin Richter & Hampton

In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a marked departure from existing law.

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Found more than 1 month ago on channel Mondaq

United States: Significant Ninth Circuit Decision Applies Dukes To State Wage Law Class Claims - Littler Mendelson

In Wang v. Chinese Daily News, Inc., on remand from the U.S. Supreme Court, the Ninth Circuit Court of Appeals applied the Supreme Court's decision in Dukes v. Wal-Mart to reverse and remand a federal district court decision certifying a California state wage law class action. Like Dukes, Wang has had a somewhat protracted history.

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United States: Ninth Circuit Holds That Employers Are Entitled To Individualized Damages And Affirmative Defense Determinations In Wage And Hour Class Actions - Littler Mendelson

In "Wang v. Chinese Daily News, Inc.", the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential statistics to award damages in class actions.

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United States: To Confirm Or Not To Confirm? Third Circuit Rules That Bankruptcy Court May Determine At Disclosure Statement Stage That A Chapter 11 Plan Is Patently Unconfirmable - Paul Hastings LLP

On July 25, 2012, the Court of Appeals for the Third Circuit Court in In re American Capital Equipment, LLC1 affirmed the bankruptcy court’s decision finding (a) at the disclosure statement stage, that the debtors’ chapter 11 plan was patently unconfirmable and (b) converting the chapter 11 case to chapter 7.

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