Sue mortgage company for breach of contract

On October 5, 2015, the U.S. District Court for the Northern District of California issued an order granting in part and denying in part the defendants’ motion to dismiss the plaintiffs’ complaint in the shareholder class action originally brought in August 2008 by Northstar Financial Advisors, Inc. (“Northstar”), on behalf of its clients, against Schwab Investments, a Massachusetts business trust, the board of trustees of Schwab Investments and Charles Schwab Investment Management, Inc. (“CSIM”). In doing so, theThe following is a summary of the litigation to date:In August 2008, Northstar filed a shareholder class action lawsuit setting forth a number of claims based on allegations that the Schwab Total Return Bond Fund, a series of Schwab Investments for which CSIM serves as investment adviser, deviated from its fundamental investment policies. Specifically, between September 2007 and February 2009, the Fund is … [Read more...] about U.S. District Court Rules on Defendants’ Motion to Dismiss in Schwab Case Relating to Violation of Fundamental Investment Policies

By 1995, the age of the consumer class action had reached its apogee. In October of that year, a Fortune magazine headline epitomized the fear and loathing that class actions engendered within the U.S. business community: “Lawyers from Hell: Slip Up and Guys Like These Can Bankrupt Your Company.”However, by then the backlash had already started. Over the next decade, business organizations pursued an intensive campaign to sway public opinion, and to lobby Congress and state legislatures for changes in substantive and procedural law that would put the clamps on consumer class actions.And now, opponents of class actions have gotten much of what they were looking for, culminating in the passage by Congress of the Class Action Fairness Act of 2005. Primarily through its diversity rules, CAFA in effect means that most class actions may be removed to the federal courts, which are more reluctant to certify plaintiffs classes than state courts.But the passage of CAFA followed other … [Read more...] about Decline & Fall

No matter the business you operate, modern commerce increasingly takes place online, rarely putting the consumer and your business face-to-face. A recent study revealed that approximately 80% of American consumers buy products online, and 74% of consumers think it is extremely or somewhat important to read online reviews before making a purchasing decision.[1]  The average consumer reviews three online sources for information before soliciting a local business, typically: a search engine, the business’s website, and a website containing reviews or testimonials.[2]  Small and local businesses are not immune to the internet’s influence, as nearly 40% of consumers seek out online testimonials, ratings, or reviews to evaluate when considering whether to engage a local business for products or services.[3]  In fact, consumers cite negative online ratings and reviews as the second greatest reason not to consider a local business for products or services, behind … [Read more...] about Troll Hunting: Practical Strategies for Businesses to Combat Anonymous Online Trolls

Lawyers inserting curative provisions in any transactions should pay heedSometimes a judicial decision falls into the category of a curiosity, particularly when it has no binding effect in the jurisdiction where it is so regarded. The January 2015 decision of the Delaware Court of Chancery in Bear Stearns v. EMC Mortgage LLC, which deals with the effect of curative provisions on survival periods for representations and warranties in commercial agreements, including mergers and acquisitions, is a case in point. “The court somehow turned a three-year limitation into a 20-year limitation,” says Simon Romano of Stikeman Elliott LLP in Toronto. “Given the state of Delaware limitations law at the time the securitization closed, it is hard to imagine that either side would have expected this.”In most cases, enough said — at least from a Canadian perspective. Except that there’s a dearth of Canadian law on the subject.“Anytime a Delaware court comes up … [Read more...] about Delaware court rules that curative provision extends limitation period from three to twenty years

ABOUT BRITISH COLUMBIABritish Columbia has an estimated population of 4.4 million with just under half living in the Metro Vancouver area. British Columbia's diverse economy is a mix of traditional (natural resources and mining) and cutting edge (life sciences, IT and gaming). Situated at the apex of major Pacific ports, transcontinental highways and railways, British Columbia is uniquely placed for international trade and specifically for trade with Asian-Pacific countries. Its natural beauty, culture and mild climate has created a significant real estate sector and attracts high net worth individuals from around the world. LEGAL SYSTEMCanada has a significant body of common law relating to the rights of Aboriginal peoples. This includes, for example, the government's duty to consult with and, if required, accommodate the interests of Aboriginal peoples when the government has knowledge, real or constructive, of the potential existence of an Aboriginal or treaty right, and is … [Read more...] about Doing Business in British Columbia