Commercial Litigation

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  • FCRA Enforcement and the CARES Act

    Amongst the many provisions of the CARES Act is an amendment to the Fair Credit Reporting Act that adds a temporary reporting requirement for furnishers of credit information concerning consumers affected by COVID-19.

  • Do I have a Duty to Respond to an Overly Broad Qualified Written Request?

    QWR Responses Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) In this case, the Northern District of Ohio granted in part and denied in part the loan servicer’s and borrower’s competing motions for summary judgment, finding that the servicer was a debt collector who failed toMore

  • Have I established grounds for a prescriptive easement?

    Prescriptive easements Miller Land Co. v. McCaleb, 4th Dist. Pike No. 19CA898, 2020-Ohio-794 In this appeal, the Fourth Appellate District affirmed the trial court’s decision to grant the defendants’ motion for summary judgment, finding that the plaintiff failed to produce evidence to support a prescriptive easement. The Bullet Point: In Ohio, a prescriptive easement is theMore

  • Working with Executive Teams to Analyze Risk and Develop Strategy to Resolve Business Issues

    McGlinchey’s Cleveland office partnered with the Northeast Ohio Chapter of the Association of Corporate Counsel to host “Working with Executive Teams to Analyze Risk and Develop Strategy to Resolve Business Issues” on Thursday, February 27. Members Bryan Kostura, Kelly Lipinski, and James Sandy will share their knowledge and best practices on how in-house counsel canMore

  • When can I intervene in a lawsuit?

    Emotion distress damages under RESPA Cameron v. Ocwen Loan Servicing, LLC, S.D.Ohio No. 2:18-cv-428, 2020 U.S. Dist. LEXIS 14595 (Jan. 29, 2020) In this case, the U.S. District Court for the Southern District of Ohio granted the plaintiff’s motion for reconsideration, finding that the court had unconsciously overlooked evidence of emotional distress damages suffered asMore

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