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9th Circuit Affirms Summary Judgment Ruling Further Cementing Early Sullivan’s Success Against HOA Title Claims
Category: News, Results | Friday, April 5th, 2024 | Comments Off on 9th Circuit Affirms Summary Judgment Ruling Further Cementing Early Sullivan’s Success Against HOA Title Claims
In another historic ruling, the 9th Circuit affirmed a summary judgment ruling obtained by Early Sullivan in favor of its client Commonwealth Land Title Insurance Company agreeing that the Plaintiff Wells Fargo Bank. N.A. could not assert any valid claims against its title insurer Commonwealth for the denial of a claim resulting from a foreclosure on a HOA superpriority lien. This (attached) memorandum opinion follows the landmark ruling issued by the Nevada Supreme Court in October 2023 finding that title insurers had no liability for these HOA superpriority lien claims under the basic insuring provisions of the title policy and the ALTA 5/CLTA 115.2 and ALTA 9/CLTA 100 endorsements. Wells Fargo had tried to find an exception to the rule laid down by the Nevada Supreme Court with respect to the ALTA 9/CLTA 100 arguing that the language in these particular CC&Rs had different language entitling them to coverage. Wells Fargo also argued that it had coverage under the CLTA 100.13 endorsement, which was not addressed by the Nevada Supreme Court. The 9th Circuit disagreed with both arguments holding that the language of the CC&Rs in this particular case did not change the outcome and that the CLTA 100.13 did not provide coverage because it only covered liens created by the CC&Rs, not by statute, and the superpriority lien was a purely statutory lien. With this most recent victory, the remaining HOA claims still being maintained by the insured lenders, should now be dismissed, ending this more than one hundred million dollar saga, with the scores of plaintiffs being paid little to nothing from the Firm’s title insurer clients.
Bryan Sullivan Speaks to Newsweek About Possible Appeal Arguments in Former President Donald Trump’s Fraud Case
Category: News, Press | Wednesday, March 27th, 2024 | Comments Off on Bryan Sullivan Speaks to Newsweek About Possible Appeal Arguments in Former President Donald Trump’s Fraud Case
Bryan Sullivan recently spoke to Newsweek about the arguments former president Donald Trump will likely use to appeal the ruling in the fraud case brought against him by New York Attorney General Letitia James in 2022. James sued Trump, his two adult sons, the Trump Organization, and two firm executives. Judge Arthur Engoron oversaw the trial and determined that Trump inflated his assets in order to receive more favorable business loans.
Bryan explained to Newsweek that Trump’s strongest argument will likely be that no individuals suffered a loss as a result of his inflated assets, which sources close to his legal team have stated will be part of his appeal.
“While the New York attorney general would argue that the victims were the banks who would have made more money off of interest, those banks are sophisticated entities who could have done their own analysis on the large deals they were doing with Trump,” Bryan tells Newsweek.
Read the full article in Newsweek:
How Donald Trump Plans to Undermine Fraud Ruling Against Him
Eric Anderson Speaks to Newsweek About Likelihood of Atlanta District Attorney Fani Willis Facing Perjury Charges
Category: News, Press | Tuesday, February 27th, 2024 | Comments Off on Eric Anderson Speaks to Newsweek About Likelihood of Atlanta District Attorney Fani Willis Facing Perjury Charges
Eric Anderson recently spoke to Newsweek about whether Atlanta District Attorney Fani Willis could face perjury charges over the revelation of her relationship with prosecutor Nathan Wade. Willis has claimed that the relationship began after former President Trump’s indictment was handed down, but, according to the article, Trump’s legal team is asserting that they can disprove Willis’ claim using phone records.
Eric explains that due to intense political polarization, Republican Attorney General Christopher Carr may pursue perjury charges against Willis, who is a Democrat. “Given the political climate, I would not be completely surprised if the attorney general, a Republican, acts. Attorney General Carr has shown a willingness to take on elected officials in criminal proceedings before,” Eric tells Newsweek.
“When it comes to politics, anything is possible. Unless the alleged perjury is about a fact material to the matter at hand, perjury charges are not likely for a regular witness,” he adds.
Read the full article in Newsweek:
Fani Willis May Be Facing Perjury Charges
Eric Anderson Speaks to Newsweek About Audrii Cunningham Murder Case
Category: News, Press | Thursday, February 22nd, 2024 | Comments Off on Eric Anderson Speaks to Newsweek About Audrii Cunningham Murder Case
Eric Anderson recently spoke to Newsweek about the likelihood of a murder conviction in the case of Audrii Cunningham, an 11-year-old girl in Texas who went missing on her way to school and was found dead on Tuesday, February 20, 2024.
42-year-old Don Steven McDougal has been charged with capital murder as police say his car was used to pick up Cunningham on the morning of her disappearance. But Eric explains to Newsweek why a conviction is unlikely without a confession or further evidence:
“If the spotting of the car is the only reason the police are arresting him, it’s pretty weak evidence from the given history. If they interviewed him and he provided more information, that would make sense for an arrest,” Eric notes. “We need to find out if a search warrant was issued and new evidence was found,” he continues.
Read the full article in Newsweek:
Why Audrii Cunningham Case May Be Hard To Crack
Eric Anderson Sheds Light on Criminal Trial Over Stolen Eagles Lyrics in Fox News
Category: News, Press | Wednesday, February 21st, 2024 | Comments Off on Eric Anderson Sheds Light on Criminal Trial Over Stolen Eagles Lyrics in Fox News
Eric Anderson recently spoke to Fox News about the criminal case against three men who have been charged with conspiracy in the fourth degree for allegedly attempting to sell manuscripts containing “developmental lyrics to the Eagles song ‘Hotel California.’” The article delves into the facts of the case as it heads to trial in Manhattan on February 21, 2024, and examines why the case is currently making headlines.
Eric tells Fox, “Handwritten lyrics from the Eagles to what is arguably their most iconic song from one of the best-selling albums of all time? That is a gold mine, both in terms of value on the auction/memorabilia market and in terms of publicity.”
He goes on to explain why he believes this case led to a criminal charge rather than a civil one, noting that “While this easily could have been addressed via a civil matter, I think the length of time involved may be what led to a criminal charge here and what appears to be a complete lack of effort on the part of the defendants to resolve this outside of a criminal proceeding.”
Eric Anderson Speaks to Fox News About Jussie Smollett’s Decision to Appeal Hate Crime Hoax Conviction
Category: News, Press | Monday, February 12th, 2024 | Comments Off on Eric Anderson Speaks to Fox News About Jussie Smollett’s Decision to Appeal Hate Crime Hoax Conviction
Eric Anderson recently spoke with Fox News about the legal implications of Jussie Smollett appealing his hate crime hoax conviction and what the potential outcome could be. In 2019, the “Empire” actor reported to the Chicago police that he was physically and verbally attacked in a racist and homophobic hate crime outside of his apartment by two men in ski masks. A police investigation later detailed that Smollett paid two acquaintances to stage the assault.
In 2021, the jury found Smollett guilty of his hate crime hoax and he was sentenced to serve 150 days in county jail, put on a two-and-a-half-year probation, and ordered to pay a restitution fee of over $100,000 to the city of Chicago. In February of 2024, Jussie Smollett filed a petition to appeal the conviction.
When considering Smollet’s decision to appeal the conviction, Eric shares, “If you have the resources to fight a conviction, then you should use those resources.” He continues on to note, “One of the problems with our justice system is that the ability to challenge hinges on either the wealth or access to wealth of a defendant or the goodwill of those willing to do the work at reduced or no costs to the defendant.”
Later in the article, Eric speculates that there is a 50/50 chance of the conviction being overturned, and the decision will hinge on the arguments behind the appeal.
Jussie Smollett Appealing Hate Crime Hoax Conviction – Fox News
Eric Anderson Successfully Defends Tenants’ Rights Group BASTA in First Amendment Libel Suit
Category: News, Press | Thursday, February 8th, 2024 | Comments Off on Eric Anderson Successfully Defends Tenants’ Rights Group BASTA in First Amendment Libel Suit
Eric Anderson’s win for successful tenants’ rights group BASTA was covered by Courthouse News Service and The Los Angeles and San Francisco Daily Journal, among others. One of the biggest landlord-side law firms in Southern California had sued nonprofit BASTA over a parody Twitter (now known as X) account, created by an IT consultant. The account poked fun at the prominent landlord-sided attorney and was clearly labeled as a “parody” account. Regarding the language used in the tweets, Eric Anderson noted in his closing statements: “This is the sort of non-literal language people use to make fun of each other on Twitter.”
The jury quickly ruled in favor of BASTA. Its founder Danny Bramzon noted that the tweets could not be verified and were indeed jokes. The case survived an anti-SLAPP motion when a judge ruled that the speech was a matter of public interest and that the plaintiffs would likely prevail at trial.
The Los Angeles and San Francisco Daily Journal
Bryan Sullivan Speaks to Newsweek About Vital Evidence in Trump v. Stormy Daniels
Category: News, Press | Monday, February 5th, 2024 | Comments Off on Bryan Sullivan Speaks to Newsweek About Vital Evidence in Trump v. Stormy Daniels
Bryan Sullivan was recently quoted in Newsweek’s article “Donald Trump’s Upcoming Legal Case Could Be About To Get Worse,” examining the looming legal trial against former President Donald Trump for his alleged hush money payments to adult movie star Stormy Daniels.
Recently, Trump’s former chief financial officer Allen Weisselberg made a plea deal to avoid perjury charges after lying during Trump’s civil fraud trial. As part of the deal, Weisselberg may be called upon by authorities in the Daniels case. Bryan explains, “Cooperation likely will be part of the plea but since the fraud trial has concluded, it would have to be in connection with some other case–most likely cooperation in the criminal case relating to alleged payoffs to Stormy Daniels.” He continues to tell Newsweek, “Even though he is not expected to be a witness in the Daniels case, he may end up being one if his cooperation provides relevant evidence.”
Donald Trump’s Upcoming Legal Case Could Be About To Get Worse – Newsweek
Bryan Sullivan and Devin McRae Speak to Fox About Surveillance Video Evidence in Country Music Star Chris Young’s Arrest
Category: News, Press | Monday, January 29th, 2024 | Comments Off on Bryan Sullivan and Devin McRae Speak to Fox About Surveillance Video Evidence in Country Music Star Chris Young’s Arrest
In the recent Fox News article “Country Star Chris Young’s Surveillance Video ‘Could Undermine’ Officer’s Version of Events: Expert,” Bryan Sullivan and Devin McRae weighed in on the viability of the case after the discovery that a video showing events leading up to the arrest contradicts the affidavit of what happened.
The video details the encounter described by a Tennessee Alcoholic Beverage Commission Officer, who accused Young of drunkenly assaulting him Monday evening. Devin clarifies what may have happened that night,
When asked about the difference between the two versions of the story, Devin shares, “Generally, and it’s human nature, people tell their version of events that make them appear in the best possible light.”
Bryan notes that this new video evidence could be critically important to the defense, sharing that “the videos, if authenticated and admitted into evidence can be very powerful to a jury as it gives the jury a basis to make their own determination of the credibility of the recollection of the witnesses and participants.”
Young’s charges are now pending in Davidson County General Sessions Court. The star is asking for the charges, including disorderly conduct and resisting arrest, to be completely dismissed.
Bryan Sullivan Quoted in Newsweek Article on Likelihood of Third Trump Defamation Suit
Category: News, Press | Thursday, January 25th, 2024 | Comments Off on Bryan Sullivan Quoted in Newsweek Article on Likelihood of Third Trump Defamation Suit
Bryan Sullivan spoke with Sean O’Driscoll at Newsweek about degrading comments towards E. Jean Carroll made by former president Donald Trump in a January 17, 2024 press conference, and how they could cost Trump even more than Carrolls’ two previous defamation suits against him.
The article, entitled “Donald Trump May Have Another E. Jean Carroll Problem,” describes how Carroll’s lawyer Roberta Kaplan could be preparing for a third defamation case after submitting transcripts and videos from Trump’s latest criticism, including 30 social media posts from Truth Social, to the court.
“She can sue him a third time, and precedence has been established from the first two cases,” Bryan explains. “The damages would likely be increased the third time.”
With Trump currently in ongoing legal proceedings with Carroll as the court decides how much to award her in the second defamation case, Bryan contends that Trump’s latest conduct could “give the court potential grounds to issue an injunction precluding Trump from speaking about the claims that can be subsequently enforced in contempt proceedings.”
Donald Trump May Have Another E. Jean Carroll Problem – Newsweek