North America: Litigation, Mediation & Arbitration

Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides that "[n]o person shall give [or] accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."

There has been much publicity regarding the incidents of falling glass from condo balconies in Toronto over the past year.

On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their repurchase rights. Consequently, New York property owners, who were unapprised of their repurchase rights, will be unable to challenge the foreclosure on that basis.

You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east.

Dans une décision récente, un conseil d'arbitrage de l'Alberta a ordonné qu'un employé syndiqué travaillant dans un hôpital reprenne son poste et reçoive un salaire rétroactif.

On April 15, 2024, the Eastern Caribbean Supreme Court (Territory of the Virgin Islands) ("the BVI Court"), held that even partial arbitral awards can be final and binding.

In late 2010, the United States Court of Appeals for the D.C. Circuit issued a seminal decision rejecting the government’s damages theory in a civil False Claims Act "false certification" case.

The New Jersey Supreme Court filed a decision in Paris Wilson v. City of Jersey City this morning (Thursday, March 08, 2012).

For several decades now, the United States has taken the position that communications and documents exchanged in Superfund matters between government lawyers representing the US EPA and government lawyers representing federal PRPs are privileged.

In a consolidated class action in the Manhattan federal court, General Electric and more than 40 other defendants are accused of violating the Securities Act of 1933 and the Exchange Act of 1934.

On May 29, 2012, the Supreme Court issued its decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, resolving a controversial issue that had divided the courts of appeals:

The Supreme Court of the United States issued a landmark decision protecting a secured creditor's right to credit bid when a debtor tries to sell its property free and clear of its liens.