Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, we moved for summary judgment, and the court ultimately granted the bank’s motion, finding that the borrower’s purported handwriting expert did not qualify as one and that the signatureMore

The plaintiff claimed that our client, a national bank, had breached the terms of a conditional loan commitment to finance the purchase and renovation of a building for a Subway restaurant by withdrawing the commitment after the plaintiff spent tens of thousands of dollars repairing the property. The case ultimately proceeded to a jury trialMore

After garnishment proceedings had been initiated against our client, a national trust company, we were able to stop the collection efforts and get a default judgment that was more than five years old vacated against the client so that the case could be litigated on its merits. 

Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.

Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it didMore

Represented both the LLC and its owner-members in a shareholder derivative suit challenging various changes to the corporate structure and make-up of the board of directors, ultimately resolving the case after extensive discovery and mediation practice.

Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action,More

Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal. 

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case law to include additional areas in McGlinchey’s footprint.

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

On September 15, 2021, James Sandy will join the Knowledge Group for an in-depth discussion of the evolving CFPB regulations, discuss the implications of recent enforcement efforts in the field of consumer financial protection law.

Statute of Frauds Csizmadia v. Gilkey, 5th Dist. Morgan No. 20AP0006, 2021-Ohio-2760 In this appeal, the Fifth Appellate District affirmed the trial court’s decision, agreeing that the property owners could not assert a defense under the statute of frauds as they were not parties to the assignment of the land installment contract. The Bullet Point:More