Santa Barbara, Calif.—The fifth edition of Lender Liability (800 pages), the authoritative treatise on lender misconduct, is now available through Juris Publishing. Authored by the acknowledged pioneer in lender liability law, attorney A. Barry Cappello, this latest edition of Lender Liability is a thorough revision and update of all the latest on how banks violate the law and create great damage to their borrowing customers.
Written for both lender and borrower attorneys, Lender Liability details 1) how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. Included on CD are a sample complaint, request for production of documents, interrogatories and jury instructions. The work also includes tables of state and federal cases and statutes, rules and regulations.
“The completely updated 5th edition is a primer for every plaintiff’s attorney and every attorney defending a lender.”
Cappello began representing borrowers against lenders during the savings and loan crisis of the mid 1980s. The Great Recession of 2008 produced many of the same lender liability issues that were prevalent 20 years ago. “Many of today’s small businesses have been severely impacted because they were arbitrarily denied credit, had loans called for no reason or experienced other unjustifiable behavior by their lender. They are now seeking financial restitution for these predatory lending practices,” says Cappello. “A result of the lawsuits brought against lenders since the Great Recession of 2008, is even more favorable rulings for borrowers. These are set forth in the 5th edition.”
Lender liability as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. “Lender liability now encompasses more multifaceted financial transactions,” notes Cappello. “However, the basic theory remains the same: lenders have to treat borrowers fairly and above board or face the legal consequences.”
“There is no one in this nation who is a greater authority than Barry Cappello on the subject of when and how lenders can be held liable to borrowers. As one of the greatest trial attorneys of our age, Barry Cappello’s extraordinary success in the courtroom is reflected in every page of this authoritative treatise.”
Cappello is managing partner of the Santa Barbara, California law firm of Cappello & Noël, LLP. He is recognized as one of the nation’s leading trial lawyers and authorities on complex commercial litigation. He has represented both large and small businesses against most of the nation’s major banks in litigation nationwide. Cappello has successfully tried jury trials with total verdicts in excess of $300 million and negotiated more than $1 billion in settlements and workouts for his clients.