Commercial Litigation and Transactions Department

Dec 11, 2017

WE ARE PLEASED TO ANNOUNCE THAT THE FIRM HAS CREATED A
COMMERCIAL LITIGATION AND TRANSACTIONS DEPARTMENT

The Commercial Litigation and Transactions Department focuses on creditor representation in litigation in the state and federal courts from case inception through trial, appeal, and collections, and in transactions from negotiation and due diligence through closing, including but not limited to:

  • Commercial foreclosures, motions to appoint rent receivers, prejudgment attachments, trial and appeals in state and federal courts;
  • Bankruptcy proceedings in commercial matters, including contested motions for relief from stay, objections to discharge and contested proofs of claim;
  • Title insurance litigation regarding easements, boundary disputes, and title issues;
  • Escalated contested residential foreclosures, special defenses and counterclaims, alleging violations of the FDCPA, unfair trade practices, truth in lending, breach of contract and tort claims in the trial and appellate courts;
  • Commercial evictions and landlord/tenant disputes;
  • Disputes among partners and members of limited liability companies;
  • Commercial finance and workouts;
  • Commercial leasing;

CONNECTICUT PARTNERS
Geoffrey K. Milne
Managing Litigation Partner, Hartford, CT
(860) 240-9140
Geoffrey.Milne@mccalla.com

Geoffrey K. Milne is the Managing Litigation Partner of the Commercial Litigation and Transactions Dept. and a shareholder in the law firm. Mr. Milne has been recognized as a Connecticut Super Lawyer for Business Litigation 2011-2017. He is co-author of Connecticut Foreclosures, 7th ed., Caron and Milne, which contains analysis of the FDCPA, TILA, MERS, mortgage fraud, contested foreclosures and failed financial institutions. Mr. Milne is also a contributing author to Business Torts, a Fifty State Guide, by Morton Daller. Mr. Milne is a speaker at various national litigation conferences involving creditor’s rights and litigation trends. Over 24 years, he has represented banks, mortgage companies and servicers in lender liability, mortgage fraud, title insurance and consumer related claims under truth in lending, fair credit reporting, and fair debt collection matters through trial and appeal in Connecticut and federal courts. Some of his key decisions include:

Insurance Coverage:
Austin-Casares v. Safeco Ins. Co. of Am., 310 Conn. 640 (2013): trial court decision denying lender’s motion to intervene in homeowner’s insurance coverage claim reversed. Lender’s motion to intervene related back to the filing of the original action, even though lender did not file its own claim within one year suit limitation provision.

Bank Litigation: Receiver of Rents appointed on Major Downtown Hartford Office Building:
Attorney Milne successfully prosecuted a Motion to Appoint a Receiver on a major downtown Hartford office building with a loan balance in excess of $20 million. After a day of contested evidentiary proceedings, the Defendants agreed to the appointment of a receiver but disputed the scope and extent of the powers of the receiver. BACM 2006-4 Office 960, LLC v. HDR Office Holdings SPE, LLC, 2015 Conn. Super. LEXIS 1992 (July 31, 2015).

Read More…