In late September, the Eighth Circuit U.S. Court of Appeals heard oral argument in Casey v. North American Savings, 8th Cir. File No. 09-1096, on an issue of federal preemption in the context of the regulation of federal lending institutions and today the court issued its ruling. It is a case of first impression with […]

The United States Court of Appeals ruled today in the Williams case, discussed here previously. The lower court’s ruling has been affirmed “in all respects.”

A large number of lender defendants bought FirstPlus Bank loans (a California lending institution, now defunct) and were sued by a putative plaintiff’s class under Missouri’s Second Mortgage Loans Act in Missouri state court (which places limits on closing costs and fees in connection with second mortgages). Plaintiffs removed the case to federal court. Lenders […]

Medical information was obtained regarding sexually transmitted diseases and an apparent adulterous affair, which “news” was posted on a MySpace page. The posting was brief and the number of people who saw the private information gleaned from hospital medical records presumably small. For that and other reasons, the trial court granted defendants’ motion for summary […]

Plaintiff Marlyn Riley had a Cordis Corp. stent implanted in a coronary artery and, apparently, suffered a heart attack two years later when a blood clot formed at the site of the stent. The way the stent functions, it prevents build-up of new tissue on implantation by a slow release of medicine but, in doing […]

From Akin Gump’s, Supreme Court-monitoring website, comes the following news of the U.S. Supreme Court’s consideration of a petition for a writ of certiorari from the 8th Circuit. The 1/18/02 Canadian Pacific (“CP”) freight train derailment resulted in a toxic release, evacuation, injuries and lawsuits (several in the U.S. District Court for the District […]