News & Publications

The Court of Appeals for the Third Circuit recently upheld an arbitration award finding that an employee must repay his former employer bonuses advanced to him. The employee attempted to overturn the award through the courts. However, two courts upheld the award, reminding litigants that they will face an uphill battle to overturn an arbitration decision. The decision also reminds employers of some of the benefits of executing arbitration agreements with their employees. Christopher Caputo ("Caputo") worked [...]

The Illinois Court of Appeals recently found that Fannie Mae's COVID-related instruction for servicers to suspend foreclosure-related activities beginning in March 2020 was not grounds to vacate a February 2020 foreclosure judgment or a November 2020 foreclosure sale. See Bayview Loan Servicing, LLC v. Starks, 2022 IL App (2d) 210056, ¶ 3 (Ill. App. Ct. May 5, 2022). In the case, defendant defaulted on her mortgage with plaintiff. In February 2020, the trial court entered [...]

On April 19, 2022, a California Appeals Court reversed and remanded a trial court's grant of summary judgment in an employer's favor, concluding there was a triable issue of material fact regarding whether a defendant had "willfully" violated the Fair Credit Reporting Act's ("FCRA") "standalone disclosure" requirement. The case is Hebert v. Barnes & Noble, Inc., No. D079038. Background The FCRA permits background checks for purposes of employment so long as employers obtain authorization from the person [...]