Search for: "Jeffrey Karek" Results 41 - 60 of 70
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20 Jun 2018, 6:01 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit recently held that a plaintiff did not allege Article III standing for her claim under the federal Fair Credit Reporting Act (FCRA) where there were no specific factual allegations plausibly tying the inclusion of her debit… Jeffrey Karek [read post]
4 Oct 2019, 7:51 am by Jeffrey Karek
Circuit recently held that a trial court did not abuse its discretion in denying class certification on the ground that common issues did not predominate where individual determinations of injury and causation would be required for at… Jeffrey Karek [read post]
14 Aug 2019, 6:56 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that where a company sent dispute letters to a credit reporting agency on behalf of a consumer, but the consumer did not identify the items to be disputed, review the letters, or otherwise play any… Jeffrey Karek [read post]
30 May 2019, 7:31 am by Jeffrey Karek
Court of Appeals for the Second Circuit held that even if a class action case is brought pursuant to a fee-shifting statute, common-fund principles control fee awards authorized from a common fund, and a common-fund fee award may be calculated as the lodestar… Jeffrey Karek [read post]
4 Aug 2018, 5:39 am by Jeffrey Karek
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]
10 Jan 2019, 9:06 am by Jeffrey Karek
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]
17 Jul 2018, 9:02 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff’s breach of contract claim against a defendant bank failed where the bank processed the consumer’s transactions in accordance with the terms of the agreement with the consumer, even though the… Jeffrey Karek [read post]
21 Dec 2018, 7:08 am by Jeffrey Karek
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]
11 Oct 2017, 7:49 am by Jeffrey Karek
Court of Appeals for the First Circuit recently held that a borrower’s claim under the Massachusetts Predatory Home Loan Practices Act (MPHLPA) was barred by the applicable five-year statute of limitations where the loan was extended more than five years before the complaint was filed and the borrower did not allege facts to Read more → Jeffrey Karek [read post]
20 Mar 2018, 7:34 am by Jeffrey Karek
In so ruling, the Sixth Circuit reversed the Read more → Jeffrey Karek [read post]
5 Oct 2017, 7:35 am by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that the trial court had jurisdiction to hear a case based on a final foreclosure order entered in Texas state court, and that the borrowers’ due process rights were not violated where the state court entered a foreclosure order without first having a hearing, in Read more → Jeffrey Karek [read post]