In Louisiana, the purchasers of an apartment complex sued their lender for fraud and other lender liability claims when the apartment complex turned out to be an unprofitable venture. The borrowers claimed that the bank fraudulently induced them to borrow the money to purchase the apartment complex by representing inflated profit margins.
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Litigation Blog
The Lender Told Me To Do It!
Thursday, June 24th, 2010Court of Appeals on Wheels
Wednesday, May 19th, 2010The Indiana Court of Appeals recently traveled to the Mt. Vernon Courthouse to help the Posey County Bar Association celebrate Law Day. Those involved in the legal profession celebrate Law Day each May in honor of the rich traditions and importance of the law in our society. One of my cases which was on appeal was selected to be heard that day, so I was able to participate in the celebration. (more…)
What is Mediation?
Friday, May 7th, 2010Mediation is a process through which parties in a dispute reach a compromise voluntarily. Judges and arbitrators do not decide cases in mediation, but rather, the process relies upon a third party neutral who assists the parties in settling their case. (more…)
Mediating the Difficult Case
Friday, April 30th, 2010I am both a litigator and a mediator, and in both of these roles, I am often told that there is absolutely no way that a case will settle in mediation. In my role as a litigator, my client is the one frequently telling me that the case will not settle, and as a mediator, it may be one or both of the attorneys making the same comments. However, in my experience, many of these “impossible to settle” or difficult cases do, in fact, settle. (more…)
Notice: Change in Bamberger Blog Subscription Provider
Wednesday, April 21st, 2010As the Bamberger Blog subscriber list continues to grow, we have decided to upgrade our Blog’s email and RSS service from Google Feedburner to the more enhanced Google FeedBlitz. (more…)
Borrower Found to Have Filed Bankruptcy in Bad Faith
Friday, February 19th, 2010In a New York case, a borrower was found to have filed a Chapter 11 bankruptcy in bad faith in order to avoid a foreclosure action filed by the lender. In this case, the borrower owned an apartment building and had been sued by the lender for nonpayment. (more…)
“Loser Pays” Attorney Fees Clauses in Contracts
Monday, February 8th, 2010Unlike in some other countries, in the United States in general (and in Indiana in particular) as a general rule when you go to Court you pay your own attorney fees – win, lose or draw. There are exceptions such as when one side takes a frivolous position, or when the victim of a crime is suing to make it right, or in a successful action by the victim of reckless or intentional misconduct, but by and large the rule is that when you go to court, you pay your own way. This general rule makes some sense. If a person sincerely and in good faith believes that he/she has been wronged, that person should not be discouraged from using the courts. There are plenty of rules protecting the other side from your filing a frivolous or bad faith case, so there is arguably no reason that he should have to pay the other side’s fees just to have his case heard if it turns out that he loses. (more…)
The Devil is in the Details – Inclusion of Legal Fees in Settlement Agreements
Thursday, January 28th, 2010A recent Indiana Federal Court case may establish precedent that a settlement agreement that does not specifically address attorney fees and litigation costs does not resolve a plaintiff’s claim for legal fees and costs. (more…)
Respondeat Superior: When Can An Employer Be Liable for An Employee’s Misconduct?
Monday, December 7th, 2009An employer can be liable even if the employer did nothing wrong if the employee inflicts harm while acting within the “scope and course” of her employment. If a courier, on the way to deliver documents for the employer, hits a pedestrian, then the employer may have to pay for the pedestrian’s medical bills, lost income, pain and suffering and other damages. (more…)