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REPRESENTATIVE EXPERIENCE

David R. Fine

Represented mortgage company in obtaining unanimous holding from New York Court of Appeals that party with property interest in real property has a right to offer proof that county did not properly serve notice of tax sale.
Represented multinational investment bank and financial services company in obtaining holding from the US Court of Appeals for the Sixth Circuit that lender is not liable for tortious interference with business relations for declining to give consent to debtor’s sale of assets.
Represented inmate pro bono in US Court of Appeals for the Third Circuit in obtaining sentence reduction under federal First Step Act.
Represented mortgage lender in obtaining holding from Florida Supreme Court that Florida statute of limitations does not bar subsequent foreclosure action when previous action dismissed more than five years earlier.
Represented oil and gas company in obtaining holding from Pennsylvania Supreme Court that thousands of natural gas leases are enforceable under Pennsylvania’s Minimum Royalty Act.
Represented oil and gas company in obtaining holding from Pennsylvania Superior Court that the holder of a surface-use agreement has the right to install a freshwater impoundment for oil and gas production.
Represented mortgage-lending company in obtaining holding from the US Court of Appeals for the Eleventh Circuit that Real Estate Settlement Procedures Act does not require lender to consider loss-mitigation application submitted less than 37 days before foreclosure sale even if sale is later rescheduled.
Represented oil and gas company in obtaining summary judgment in the US District Court for the Middle District of Pennsylvania against constitutional challenge to Pennsylvania’s Act 85 related to cross-unit drilling.
Represented oil and gas company in obtaining summary judgment in the US District Court for the Middle District of Pennsylvania against class action claims that lease royalties were improperly calculated.
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