Lender liability claims die in circuits
Article Abstract:
There has been an increase in lender liability suits by borrowers trying to impose extracontractual obligations. These cases show that borrowers can generally not use the standards of fair dealing, good faith and commercial reasonableness as reasons lenders should deal with them in ways not provided for in their contracts. If the provision being litigated was a material element of the contract, the courts are especially likely to find in favor of the lender. Lenders can rest fairly secure in the knowledge that contractual obligations are being upheld.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Post 'Amchem,' class action will live on
Article Abstract:
The US Supreme Court's 1997 Amchem decision may have redefined the parameters of class action settlements, but class actions remain an important weapon in the US legal system. Class actions prevent widespread fraud and provide legal access to lower-income plaintiffs. The ruling in Amchem, an asbestos injury case, limits a court's ability to authorize settlements covering both present and future claimants, but the decision's impact on other types of class actions remains unclear.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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