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Opinion Digests

Lienholders can partially subordinate by contract (access required)

Mortgagee Wells Fargo could subordinate its first-priority lien to its third-priority lien on secured property, without thereby moving the second-priority lien to first position, the court held. Defendant Milton H. Cortez obtained two loans to purchase a home in 2005. ...

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“John Doe” pleading appropriate pending discovery (access required)

On Plaintiff Kevin S. Johnson’s motion to compel discovery, Defendant Sentara Norfolk General Hospital objected to the disclosure of the name and last known address of Defendant John Doe, on grounds that such information constituted individually identifiable health information protected ...

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Removal contingent on alter-ego issue (access required)

Although a forum-selection clause effectively precluded removal by naming a North Carolina county without a federal courthouse, the court of appeals returned the case to the district court to determine whether the clause bound all defendants. Defendant/Appellant Saber Healthcare Group ...

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No CAFA removal for “additional counter-defendants” (access required)

Where an original defendant makes counterclaims naming additional parties as counter-defendants, those additional parties are not entitled to remove the claims against them to federal court even under the permissive standards of the Class Action Fairness Act. Original Plaintiff Citibank, ...

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