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  • Monthly Archives: August 2011

    Court Rules Holder of Note, an Assignee of MERS, had Standing to Commence Foreclosure Action

    Deutsche Bank Nat. Trust Co. v. Pietranico, 2011 NY Slip Op 21261 (July 27, 2011) After extensive analysis of New York’s precedent for mortgages, notes, assignments, and the Mortgage Electronic Registration Systems (“MERS”) system, Suffolk County Supreme Court Justice Thomas A. Whelan denied a defendant’s motion/order to show cause in its entirety.  If granted, the […]

    Court Reminds Advocates the Importance of Making Timely Spoliation Motions

    Am. Nat’l Prop. & Cas. Co. v. Campbell Ins. Inc., No. 3:08-cv-00604, (M.D. Tenn., 2011) On July 22, 2011, a district court in Tennessee denied a plaintiff’s motion for sanctions for spoliation as untimely when the request was made over a year after the parties had learned of the spoliation and only a month and a […]

    Second Circuit Says That Public Employee’s Refusal To Falsify A Report Is Constitutionally Protected Speech

    Jackler v. Byrne, 10-0859 (2nd Cir. July 22, 2011) On July 22, 2011, the Second Circuit reinstated the First Amendment retaliation claims of a former probationary police officer who alleges that he was illegally terminated for refusing to falsify a report. Jason Jackler, was employed as a probationary police officer in Middletown, New York. While […]

    New Jersey WARN Act Applicable To Parent And Affiliated Companies

    In DeRosa v. Accredited Home Lenders, Inc., Case No. A-3727-09T3 (NJ Superior Ct. App. Div., June 14, 2011), New Jersey’s Appellate Division held that parents or affiliates (including a private equity investor) of a company that failed to give required notice of a closing or mass layoff under the New Jersey WARN Act may be […]

    Second Circuit Reverses Decision to Deny Back and Front-Pay

    Bergerson v. Office of Mental Health, No. 10-1040, 2011 U.S. App. LEXIS 14853 (2d Cir. July 21, 2011) On July 21, 2011, the Second Circuit reminded judges and advocates that under Title VII, compensatory damages are an entirely separate form of relief from “make-whole” back and front-pay. The plaintiff was exposed to multiple instances of sexual […]