DCA Blog

Extended Service Contracts Sold by Used Car Dealers May Qualify for Protection Under Magnuson-Moss Warranty Act

Consumer products are not required by law to have warranties, but if one is given or sold, it must comply with the Magnuson–Moss Act of 1975. 

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Commercial Property Foreclosures can be High Stakes for Loan Guarantors

Commercial property foreclosures are sometimes high stakes for the loan guarantor(s). Often, the guarantor is the person from whom the lender seeks to recover their foreclosure losses. Thus, a good defense strategy is paramount to protecting the guarantor from major loss. Sometimes, banks inflate these losses in order to recover more money from the guarantor. For example, if a lender forecloses on a commercial property that had been secured by a $1 million loan and acquires the property for a cr ...

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Medicare Reporting Requirements

Following the event of an accident, Medicare beneficiaries can expect Medicare to cover the resulting health care costs. This coverage comes with strings attached, however, as Medicare recipients are subject to strict requirements for reporting accidents and any ensuing tort claims

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Supreme Court Clarifies Bankruptcy Court Jurisdiction over Stern Claims, But Declines to Rule on Issue of Consent

In 2011, the Supreme Court issued a decision that shook up the bankruptcy world. In Stern v. Marshall, 131 S. Ct. 2594 (2011), the United States Supreme Court held that because they were not created under Article III of the Constitution, bankruptcy courts lack constitutional authority to enter final judgments on common law counterclaims that are independent of the federal bankruptcy laws, even if such claims constitute “core proceedings” as defined by 28 U.S.C. § 157. Recognizi ...

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DCA Partners on Lender Liability: Good Faith Is Critical

Drew, Cooper & Anding partners John Anding and Ted Westbrook shared some of the insights they have gained from years of representing clients--both plaintiffs and defendants--in bank litigation in a recent article published in the Michigan Bar Journal, Banks Bona Fide: A Good-Faith Approach to Lender Liability.  In the article, Anding and Westbrook relate some of the challenges faced by individuals and small businesses who have been victims of wrongful conduct by banks or have been ...

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