December 23, 2014 Second Circuit Court of Appeals Docket No. 14-312-cv, 2014 U.S. App. LEXIS 24390
Ruling:
The Second Circuit Court of Appeals affirmed the District Court’s decision that the National Credit Union Administration Board (“NCUA”), acting as liquidating agent for a failed credit union...
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk
Ruling:
Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the...
Judge(s):
Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling:
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...
Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)
Ruling:
State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal...
In re Lyondell Chemical Co. --- Fed.Appx. ----, 2013 WL 5733196 C.A.2 (N.Y.),2013.
Ruling:
This Summary Order’s terms render it of no precedential value. Nevertheless, all information is instructive.
The Summary Order adopted the District Court’s decision which denied a purchaser...
Judge(s):
ROSEMARY S. POOLER,
GERARD E. LYNCH,
CHRISTOPHER F. DRONEY,
Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)
Ruling:
Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection...
