Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
Episode 322 -- Checking in on Caremark Cases
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Podcast: The Briefing by the IP Law Blog - The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The Briefing by the IP Law Blog: Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Anatomy of a Successful Motion to Dismiss in RICO Case
A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Case Involving Burger King Employee Spitting in Officer’s Burger Goes Before WA Supreme Court
In March, a district court in the Eastern District of California followed other courts holding that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). Specifically,...more
On December 5, the U.S. District Court for the Southern District of New York granted a debt collection agency (the defendant) a motion to dismiss an individual’s (plaintiff’s) complaint. The case considers whether an undated...more
On November 20, a judge for the Southern District of New York granted a motion to dismiss a Fair Debt Collection Practices Act (FDCPA) class-action holding that a simple lack of a date on a model validation notice did not...more
Last week, a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). In Bergida v. PlusFour, Inc., the defendant sent a debt validation...more
In August, a New York federal district court denied a motion to dismiss a CFPB lawsuit against three affiliated companies engaged in the business of purchasing distressed consumer debt and several of the companies’ owners and...more
On August 24, the U.S. District Court for the Southern District of Georgia denied the defendant’s motion to dismiss claims asserted under the Fair Debt Collections Practices Act (FDCPA), holding that for claims based on...more
On August 22, a district court judge in the Western District of New York denied the defendants’ motions to dismiss a case brought by the Consumer Financial Protection Bureau (CFPB) alleging violations of the Fair Debt...more
On August 22, the U.S. District Court for the Western District of New York refused to dismiss CFPA and FDCPA claims brought by the CFPB that alleged violations related to misrepresentations made to debtors by debt collectors....more
FIA Card Services, NA (FIA) obtained a default judgment in a collection action against Jerome Redman in West Virginia state court. FIA, through its counsel Javitch Block LLC (Javitch), then filed a wage garnishment action...more
In Louis v. Deshmukh, Civil Action No. 21-19902 (D.N.J. July 27, 2022), the District of New Jersey denied a motion to dismiss a putative class action, asserting claims under the Fair Debt Collections Practices Act (FDCPA)...more
In Knight v. AR Res., Inc., a Third Circuit district court granted a defendant’s motion to dismiss a plaintiff’s first amended complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court...more
In Cheatham v. Adams, a U.S. district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act...more
In Tinsley v. Fairway Collections, LLC, the Western District of Washington recently issued an opinion finding that dismissal of a consumer’s FDCPA claim was not warranted because she alleged not owing the underlying debt at...more
In Hopkins v. Collecto, Inc., the Third Circuit Court of Appeals affirmed the dismissal of a putative class-action complaint, alleging that by itemizing interest and collection fees for a “static debt,” the letter violated...more
The U.S. District Court for the District of New Jersey recently expressed “judicial displeasure” with the language in a collection letter when it granted in part and denied in part a debt collector’s motion to dismiss a...more
On April 21, 2021, the U.S. Court of Appeals for the Eleventh Circuit issued a decision that threatens significant consequences for a variety of loan servicing and debt collection industries. The upshot of the court’s holding...more
In Guzman v. I.C. Sys., 2021 U.S. Dist. LEXIS 42595, 2021 WL 861914 (E.D.N.Y. Mar 8, 2021), Carolina Guzman (plaintiff) alleged that I.C. System, Inc. (defendant) violated the FDCPA by reporting to Experian that her debt to...more
In Martinez v. Integrated Capital Recovery, LLC, Judge Ishii of the District Court for the Eastern District of California granted the Defendants’ motion to dismiss two Fair Debt Collection Protection Act (“FDCPA”) claims...more
In Golden v. Benjamin, Judge Schroeder, of the United States District Court for the Middle District of North Carolina, denied Higgins Benjamin, PLCC’s (“Higgins”) motion to dismiss a class action claim brought by Mark and...more
The Eastern District of Texas recently denied a motion to dismiss for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), holding that a garnishment action initiated eight years after the plaintiff had...more
The plaintiff in Mollberg v. Advanced Call Center Technologies, Inc., No. 18-1210, 2019 WL 288128 (E.D.Wis. Jan. 22, 2019) received a letter from Advanced Call Center Technologies (which I’ll refer to as ACCT) that attempted...more
The U.S. Court of Appeals for the Third Circuit has ruled that although the plaintiffs had plausibly alleged facts stating a claim that a debt collector had violated the Fair Debt Collection Practices Act (FDCPA) by not using...more
In March, Judge Sara L. Ellis of the United States District Court for the Northern District of Illinois dismissed a Fair Debt Collection Practices Act (FDCPA) lawsuit in which the plaintiff asserted that a debt collection...more
For years, debt collectors have complained about the Catch-22 they face under the Fair Debt Collection Practices Act (FDCPA)—provide too much detail and face liability for confusing the unsophisticated consumer, but provide...more
Settle (verb): “to conclude (a lawsuit) by agreement between parties usually out of court. Merriam Webster Dictionary - The Third Circuit has refined its position as to whether collection of time-barred debt may violate...more