Lender Liability and Banking Litigation PDF Download
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Author: Edward F. Mannino
Publisher:
ISBN: 9781588522443
Category :
Languages : en
Pages :
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Book Description
This essential book shows you how to litigate lender liability suits and, when possible, prevent them from ever being filed. Lender Liability and Banking Litigation analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel; discovery, privilege and class action questions; practical aspects of trying a case; alternative dispute resolution; minimizing lender liability through documentation and administrative techniques; lawsuits against directors and officers of financial institutions; CERCLA; and lender liability and the failed bank. The book features numerous sample litigation documents, including: counterclaims and answers by borrowers and lenders; voir dire questions and jury instructions; interrogatories; special verdicts; and a comprehensive loan agreement litigation checklist.
Author: Edward F. Mannino
Publisher:
ISBN: 9781588522443
Category :
Languages : en
Pages :
Get Book Here
Book Description
This essential book shows you how to litigate lender liability suits and, when possible, prevent them from ever being filed. Lender Liability and Banking Litigation analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel; discovery, privilege and class action questions; practical aspects of trying a case; alternative dispute resolution; minimizing lender liability through documentation and administrative techniques; lawsuits against directors and officers of financial institutions; CERCLA; and lender liability and the failed bank. The book features numerous sample litigation documents, including: counterclaims and answers by borrowers and lenders; voir dire questions and jury instructions; interrogatories; special verdicts; and a comprehensive loan agreement litigation checklist.
Author: James O'Donovan
Publisher: Sweet & Maxwell
ISBN: 9780421885806
Category : Law
Languages : en
Pages : 776
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Book Description
Addresses the liability and risk issues that arise at each successive stage of the relationship between lenders and borrowers or guarantors. This work adopts a practical, transaction-based approach, examining the different stages of the relationship in turn and the legal issues that arise along the way. It also gives guidance on breach of loans.
Author: Jessica Gabel
Publisher:
ISBN: 9780769880266
Category : Electronic books
Languages : en
Pages :
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Book Description
Law of lender liability provides a comprehensive explanation of the major legal issues that arise between lenders and borrowers at the various stages of the loan relationship. It also provides practical guidance for developing and implementing protective measures at every stage of the life of the loan. This practical volume covers: Developments regarding federal pre-emption of state banking laws; Federal agency warnings, guidance and advisories to financial institutions concerning new types of financial products; Cases exploring the outer reaches of guarantory liability; Punitive damages decisions in the appellate courts; Challenges to arbitration clauses; Court responses to lawsuits alleging breach of the lender's fiduciary duties; Statutes and cases breaking new ground on privacy rights.
Author: Edward F. Mannino
Publisher: Law Journal Press
ISBN: 9781588520500
Category : Law
Languages : en
Pages : 1056
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Book Description
This book analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring banking & lender litigation from the perspective of inside counsel and more.
Author: David Warne
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 426
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Book Description
This work offers the information and guidance to help practitioners formulate clear objectives and strategies in banking litigation situations. It is designed to help the practitioner anticipate obstacles and difficulties, whilst remaining alert to opportunities to secure advantages for their clients. The book covers lending and security issues, payment, regulatory issues, conflicts of law, and procedural issues, and includes sections within each chapter covering legal and practical points. Latest developments such as CREST and cross-border issues are also discussed.
Author: A. Barry Cappello
Publisher: Juris Publishing, Inc.
ISBN: 1578233437
Category : Law
Languages : en
Pages : 944
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Book Description
Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.
Author: William Blair
Publisher: Informa Law from Routledge
ISBN: 9781859785096
Category : Banking law
Languages : en
Pages : 0
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Book Description
Banks, Liability and Risk, 3rd Edition, is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents. The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author:
Publisher:
ISBN: 9781663369154
Category : Actions and defenses
Languages : en
Pages : 0
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Book Description
Florida Real Property Litigation provides invaluable statutory and case analysis, pleading forms, and practice pointers. This essential reference examines a broad range of topics, including access and eviction, foreclosure of mortgages and liens, boundary and title problems, and covenants and easements, and features an entire chapter devoted to successful recovery of attorneys' fees.The publication incorporates over 100 forms and checklists to guide you through efficient and effective litigation. Highlights of the new edition include:New discussion regarding prevailing party feesUpdates to the requirements of process recent modification due to the Small Business Act of 2019 adding Subchapter V to Chapter 11 of the Federal Bankruptcy CodeContinued discussion regarding the effect of the economic loss doctrineUpdating and discussions of statute referencesHighlighting recent and current case opinions
Author: James O'Donovan
Publisher:
ISBN: 9781847035691
Category : Suretyship and guaranty
Languages : en
Pages : 969
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Book Description
This English edition of a classic text on the subject of commercial credit and security has been re-written to emphasise English law, and focuses on the liability of a surety to pay a commercial debt if the principal borrower does not. The coverage includes: analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower; construction of guarantees and the meaning of clauses commonly inserted in guarantees; special principles applicable to guarantees being discharged, and how the lender can guard against that eventuality; difficulties in enforcing guarantees; and rights of guarantors, including rights of set off, indemnity and contribution.
