Tag Archives: New York Court of Appeals

N.Y. Top Court Rules Litigation Finance Transaction Violates Champerty Doctrine

One of the important factors behind the recent rise of third-party litigation financing has been the view in many jurisdictions that litigation finance does not violate ancient prohibitions against “champerty” – that is, the investment by an uninvolved third-party in a lawsuit with the intent of sharing in any recovery. As I discussed in a … Continue Reading

Guest Post: New York’s Highest Court Brings Finality to RMBS Repurchase Claims

On June 11, 2015, in a closely watched case, the New York Court of Appeals, New York’s highest court, decided when the statute of limitations begins to run for claimants alleging breaches of the representations and warranties provisions in residential mortgage backed securities.   As Robert Fumerton and Alexander Drylewski of the Skadden, Arps, Slate … Continue Reading

Guest Post: ACE Securities – Will There Be a New Wave of RMBS Repurchase Litigation?

On April 30, 2015, the New York Court of Appeals heard oral argument in a mortgage-backed securities-related case in which the court must consider when the statute of limitations begins to run for claims of breach of contractual representations and warranties. The range of possible outcomes of the case include an interpretation of the statute … Continue Reading
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