This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders’ and borrowers’ attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability.
1) an extended analysis of where and 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.
A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations.
The 2014 edition has been completely updated and reflects evolution and maturity of lender liability as an accepted, cited and well-litigated area of commercial and consumer litigation. As a body of law, it 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 could not come at a more auspicious moment. Once the economy stabilizes and the current credit crisis subsides, lawyers throughout the nation will seek justice for many of the people who have been harmed. Some of these people will be shareholders who have lost everything; some will be borrowers who have lost their homes or businesses because they were enticed to borrow under terms that virtually guaranteed that they would default. In the fourth edition of Lender Liability, Barry Cappello provides an exhaustive, authoritative and illuminating analysis of the legal claims and theories that members of the bar will work with for decades to come.”– Michael Schill, Dean and Professor of Law, UCLA School of Law
A handy reference work, Lender Liability is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.
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About The Author
A. Barry Cappello is Managing Partner of Cappello & Noël LLP of Santa Barbara, California. Mr. Cappello has obtained verdicts in excess of $300 million and settlements of over $1 billion.
He has written over 100 articles on lender liability and trial strategy, and is a frequent speaker on these and other topics.
Mr. Cappello served as a deputy attorney general in the Santa Barbara district attorney’s office, and city attorney of Santa Barbara before going into private practice in 1977.
Mr. Cappello is listed in Best Lawyers in America, and speaks nationally on trial techniques in complex litigation.