Search for: "Ernest Wagner"
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24 May 2021, 8:09 am
Ernest Wagner [read post]
26 Feb 2019, 12:31 pm
Court of Appeals for the Seventh Circuit affirmed a trial court judgment in favor of an online real estate marketplace company and against the sellers of real property, finding that an estimate on the website of their property’s value did not violate the… Ernest Wagner [read post]
22 Feb 2019, 7:47 am
Court of Appeals for the Seventh Circuit reversed a trial court judgment in favor of a borrower and against a debt collector, and ruled that reporting to a credit reporting agency that a debtor owed nine unpaid bills of $60 instead of one… Ernest Wagner [read post]
14 Nov 2018, 7:18 am
Court of Appeals for the First Circuit recently held that, at least under the Massachusetts version of the UCC, automobile post-repossession and post-sale notices must expressly advise the borrower that any deficiency will be calculated using the difference between the amount owed on… Ernest Wagner [read post]
15 Jan 2019, 8:10 am
In so ruling, the Supreme Court… Ernest Wagner [read post]
6 Feb 2019, 7:47 am
Reversing a ruling by the Fourth District Court of Appeal, the Supreme Court of Florida recently held that a mortgagee’s voluntary dismissal of an appeal made the borrower the prevailing party entitled to recover appellate attorney’s fees because the mortgagee maintained its right to enforce… Ernest Wagner [read post]
12 Aug 2019, 12:12 pm
Court of Appeals for the Eighth Circuit recently reversed a trial court order dismissing a plaintiff’s complaint for lack of standing, holding that the plaintiff properly alleged an injury in fact because it claimed an economic harm to it that was concrete and… Ernest Wagner [read post]
2 Aug 2019, 9:08 am
Court of Appeals for the Seventh Circuit recently held that a blind plaintiff lacked standing to sue under the Americans with Disabilities Act (ADA) for alleged accessibility problems with a credit union’s website because he could not establish an injury in fact as… Ernest Wagner [read post]
27 Apr 2020, 7:16 am
Ernest Wagner [read post]
6 Dec 2018, 1:29 pm
District Court for the Northern District of Illinois recently held that the defendant company did not use an automatic telephone dialing system (ATDS) because its phone system did not use a random or sequential number generator to store or produce phone numbers to… Ernest Wagner [read post]
16 Apr 2019, 7:19 am
Court of Appeals for the Fifth Circuit recently held that a mortgage servicer only had to comply with the federal Real Estate Settlement Procedure Act (RESPA) requirements regarding loss mitigation applications once when the servicer had already provided the same reasons for the… Ernest Wagner [read post]
29 Aug 2019, 6:14 am
Court of Appeals for the Ninth Circuit recently reversed a trial court order remanding a case to state court for lack of jurisdiction under the federal Class Action Fairness Act (CAFA) because the jurisdictional allegations pleaded provided a short and plain statement of… Ernest Wagner [read post]
1 May 2019, 8:11 am
Court of Appeals for the Eighth Circuit affirmed a trial court’s judgment against a guarantor holding that a guaranty signed upon the advice of his financial advisor was binding even if he did not know the amount of the debt because he understood… Ernest Wagner [read post]
15 Feb 2019, 9:05 am
In so ruling,… Ernest Wagner [read post]
7 Jan 2019, 8:41 am
A copy of the… Ernest Wagner [read post]
11 Sep 2019, 5:59 am
Court of Appeals for the Seventh Circuit recently ruled in favor of a bank suing to recover for a fraudulent loan scheme, finding that the Illinois Limited Liability Company Act did not shield the closing agent company’s owner from liability in a fraud… Ernest Wagner [read post]
26 Aug 2019, 12:59 pm
In so ruling, the Court held that res judicata should not apply in this case because in the… Ernest Wagner [read post]
17 Dec 2018, 8:08 am
The Court of Appeals of California, Fourth District, recently affirmed summary judgment awarded in favor of the mortgage servicer and loan owner defendants on the borrowers’ claims for alleged violations of the California Homeowner Bill of Rights (HBOR), finding that the defendants properly contacted the… Ernest Wagner [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
