The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites readers have come to expect, with timely coverage of financial services decisions and cases that impact you and your business. At the end of each month, our team will compile and send a round-up digest with all of our case summaries delivered to your inbox in one easy-to-reference place.

FCRA Action Dismissed for Lack of Standing and Failure to State a Claim

In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC, TransUnion LLC, and Equifax Information Solutions, Inc. for alleged violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Keep Reading.

Under FAPA: Dismissal of Prior Foreclosure for Lack of Standing Does Not Estop Lender

On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department affirmed the dismissal of a quiet title action, which sought to discharge a mortgage as time-barred under FAPA, because the prior foreclosure was dismissed upon the court’s finding that plaintiff lacked standing. Keep Reading.

Vexatious Litigant Laws Clarified by Texas Supreme Court

The recent decision in Serafine v. Crump by the Supreme Court of Texas primarily revolves around the interpretation of what constitutes “litigation” under Texas law, particularly in the context of determining whether someone is a “vexatious litigant.” This case settled a growing inconsistency within some courts of appeals. Keep Reading.

The Court Sua Sponte Retroactively Applies FAPA to Dismiss Foreclosure

On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department reversed the trial court’s denial of borrowers’ motion to dismiss a foreclosure action filed prior to the enactment of FAPA because under the new “savings statute” for foreclosure actions under FAPA, plaintiff was precluded from recommencement since the first foreclosure was dismissed as abandoned under CPLR § 3215(c). Keep Reading.

Ohio Supreme Court Holds that Defamation Claim is Subject to Discovery Rule

In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find themselves subject to a defamation lawsuit in the Buckeye state. Keep Reading.

Maryland Federal Court Delineates When Consent to Receive Telephone Calls Must Be in Writing

Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show that it received prior express written consent for the telemarketing calls at issue. Keep Reading.