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Volume IX, Issue 20

May 21, 2026

 

Article 13 LLC v. LaSalle Nat'l Bank Ass'n, Case No. 23-7247-cv (2d Cir. 2026). 

New York's Foreclosure Abuse Prevention Act, N.Y. C.P.L.R. § 213(4)(b), does not violate the substantive or procedural due process guarantees, the Contracts Clause, or the Takings Clause of the United States Constitution when applied retroactively to estop a mortgage noteholder from challenging the validity of a prior acceleration in a quiet title action.

 

Banco San Juan Internacional, Inc. v. Federal Reserve Bank of New York, Case No. 25-1144-cv (2d Cir. 2026).

Section 342 of the Federal Reserve Act authorizes Reserve Banks to "receive" deposits from eligible depository institutions and confers discretionary rather than mandatory authority over master account access, but does not create statutory entitlement to a Federal Reserve master account.

 

In re: BPS Direct, LLC; Cabela's, LLC Wiretapping Litigation, Case No. 23-3235 (3d Cir. 2026). 

A website user whose complete credit card or debit card number was intercepted by a retailer's Session Replay Code and shared with a third-party provider suffers a concrete injury analogous to the common-law tort of intrusion upon seclusion and thus has Article III standing, but users who entered no personal or sensitive information while browsing lack such standing.

 

In re: Express Scripts, Inc., Case No. 25-2281 (4th Cir. 2026). 

A defendant in a public-nuisance action is constitutionally entitled to a jury trial under the Seventh Amendment when the plaintiffs seek a monetary abatement fund because that relief constitutes a legal remedy that courts of law, not court

 

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Author

Manny Farach

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