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Posts Tagged ‘legal’

Interesting.  ABA doesn’t have anything to say about this?  As much as everyone makes jokes about lawyers being liars, it does seem different for a company to defend lying, and state that they can’t be punished or sued.

So, can I lie and extort money from people?  Or do I have to be a lawyer to have that privilege?

Yesterday, DGW fired back with both barrels. Barrel number one was the claim that Shirokov had no right to sue for any of this, even if his claims were all true. For one thing, Shirokov never settled, so had suffered no harm. For another, attorneys can’t be sued for lying.

Thomas Dunlap of DGW

“Although an attorney may be accused of defrauding opposing parties, knowingly committing discovery abuses, lying to the court, or purposely and maliciously defaming another individual, if it takes place during the course of litigation, the conduct simply is not actionable,” says DGW’s response. Such behavior may result in judicial sanctions, but private citizens can’t file lawsuits against opposing lawyers who are “simply doing their job.”

via “Bullies”: P2P lawyers demand sanctions against those suing them.

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A really sad story, and really shameful of Deutsche Bank.  Really? Market value for taking away the home for almost 6 years?  So you can illegally sell someone’s property, dumping it in the market, and only owe the “market value” of the property?  It was illegal, the legal system has decided it was illegal.  This is really a poor way to treat our servicemen.

Typically, banks respond quickly to public reports of errors affecting military families. But today, more than six years after the illegal foreclosure, Deutsche Bank Trust Company and its primary co-defendant, a Morgan Stanley subsidiary called Saxon Mortgage Services, are still in court disputing whether Sergeant Hurley is owed significant damages. Exhibits show that at least 100 other military mortgages are being serviced for Deutsche Bank, but it is not clear whether other service members have been affected by the policy that resulted in the Hurley foreclosure.

A spokesman for Deutsche Bank declined to comment, noting that Saxon had handled the litigation on its behalf. A spokesman for Morgan Stanley, which bought Saxon in 2006, said that Saxon had revised its policy to ensure that it complied with the law and was willing to make “reasonable accommodations” to settle disputes, “especially for our servicemen and women.” But the Hurley litigation has continued, he said, because of a “fundamental disagreement between the parties over damages.”

In court papers, lawyers for Saxon and the bank assert the sergeant is entitled to recover no more than the fair market value of his lost home. His lawyers argue that the defendants should pay much more than that — including an award of punitive damages to deter big lenders from future violations of the law. The law is called the Servicemembers Civil Relief Act, and it protects service members on active duty from many of the legal consequences of their forced absence.

via Foreclosure for Reservist on Active Duty Prompts 4-Year Legal Battle – NYTimes.com.

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Noteworthy from Lifehacker.  Personally, I’ve dispensed any illusion of privacy on a company email a long time ago.  That said, it doesn’t seem to apply to attorney-client privilege, according to California appellate court.

There are many, many reasons not to use your work email address for anything remotely personal. Here’s one more: a California appellate court has ruled that even attorney-client confidentiality doesn’t apply when the email is on company servers.

via Your Employer Can Read Your Work Emails, Even to Your Lawyer.

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