Search for: "Jeffrey Karek"
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12 Mar 2019, 7:04 am
The Appellate Court of Illinois, First District, recently held that a borrower’s general denial that the mortgagee performed the conditions precedent of the mortgage contract prior to filing a foreclosure action was insufficient under Illinois Supreme Court Rules and therefore constituted a forfeiture of the… Jeffrey Karek [read post]
6 Mar 2019, 7:59 am
Court of Appeals for the Seventh Circuit held that merely requiring extrinsic evidence to interpret a provision of a form contract does not render class certification improper, and that absent a more thorough explanation of its reasoning from the trial court, it could… Jeffrey Karek [read post]
25 Feb 2019, 7:43 am
The Court further ruled… Jeffrey Karek [read post]
25 Jan 2019, 4:25 am
Court of Appeals for the Fifth Circuit held that ambiguity in the deed of trust regarding the lender’s right to pay real estate taxes and establish an escrow account precluded entry of summary judgment in favor of the loan servicer on the borrower’s… Jeffrey Karek [read post]
10 Jan 2019, 9:06 am
Court of Appeals for the Ninth Circuit held that a putative class action against state entities and a private contractor for allegedly collecting and sharing personal data without authorization was essentially a local controversy and was therefore correctly remanded… Jeffrey Karek [read post]
21 Dec 2018, 7:08 am
Court of Appeals for the Ninth Circuit held that an online payday lender’s “loan note” violated § 5 of the Federal Trade Commission Act because, although it was “technically accurate,” the lender’s online loan portal made it difficult to discern the loan terms… Jeffrey Karek [read post]
29 Nov 2018, 7:24 am
Germain Depository Institutions Act of 1982 did not provide a private cause of action, and because the state law claims… Jeffrey Karek [read post]
19 Nov 2018, 7:14 am
Accordingly, the… Jeffrey Karek [read post]
12 Nov 2018, 6:27 am
Court of Appeals for the Seventh Circuit held that a defendant waived its right to arbitrate due to its “gratuitous delay” in seeking arbitration, where it waited 13 months after the filing of the lawsuit before moving to compel arbitration, and that any… Jeffrey Karek [read post]
8 Nov 2018, 5:52 am
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… Jeffrey Karek [read post]
23 Oct 2018, 8:36 am
… Jeffrey Karek [read post]
22 Oct 2018, 7:02 am
Court of Appeals for the Ninth Circuit held that the trial court erred in awarding $8.7 million in attorneys’ fees in a class action settlement because it did not treat $20 credits issued as part of the settlement as “coupons” under the Class… Jeffrey Karek [read post]
5 Oct 2018, 7:22 am
… Jeffrey Karek [read post]
26 Sep 2018, 5:09 am
Accordingly,… Jeffrey Karek [read post]
14 Sep 2018, 6:05 am
Court of Appeals for the Fifth Circuit held that a civil investigative demand (CID) issued by the Consumer Financial Protection Bureau did not adequately advise the respondent of the nature of the conduct constituting the alleged violation under investigation and the provision of… Jeffrey Karek [read post]
10 Sep 2018, 9:22 am
Accordingly, the Seventh Circuit reversed the ruling of the trial court,… Jeffrey Karek [read post]
28 Aug 2018, 7:11 am
Accordingly,… Jeffrey Karek [read post]
20 Aug 2018, 8:13 am
Court of Appeals for the Seventh Circuit recently held that, unless the parties to a class action settlement agreement expressly agree otherwise, class settlement agreements should not be read to bar objectors from requesting fees for their efforts in adding value to a… Jeffrey Karek [read post]
13 Aug 2018, 8:46 am
§ 1658(a) applies to private suits alleging violations of section 303(c) of the federal Servicemembers Credit… Jeffrey Karek [read post]
4 Aug 2018, 5:39 am
Court of Appeals for the Sixth Circuit recently held that a debtor’s claim seeking to use a bankruptcy trustee’s § 544(a) strong-arm power to avoid a mortgage on the ground that it was never perfected did not require appellate review of the state… Jeffrey Karek [read post]
