Search for: "Wagner, Appeal of"
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27 Jun 2019, 3:50 am
here and here), to a whole-sale outsourcing of appeals to an extra-WTO mechanism. [read post]
20 Jun 2019, 10:53 am
Wagner v. [read post]
20 Jun 2019, 7:02 am
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a borrower’s claim, holding that a mortgage servicer’s motion to reschedule a previously set foreclosure sale after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest Wagner [read post]
17 Jun 2019, 4:16 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
11 Jun 2019, 3:00 pm
Court of Appeals for the Seventh Circuit recently affirmed two trial court rulings in favor of a debt collector and against the debtors holding that correspondence which identified “the name of the creditor to whom the debt is owed” as the original creditor… Ernest Wagner [read post]
4 Jun 2019, 4:42 am
Wagner v. [read post]
2 Jun 2019, 4:31 pm
I’ve summarized the Court of Appeal decision previously, as well as some of the shortcomings of their conclusion. [read post]
2 May 2019, 3:10 pm
The Court of Appeal found this argument to be unpersuasive (para. 18 of Trinchi), drawing on part of the Jarvis decision, in which Wagner C.J. wrote at paragraph 38: …a person who chooses to disrobe and engage in sexual activity with another person…necessarily expects to be observed by that other person while she is nude and engaging in that activity. [read post]
2 May 2019, 3:10 pm
The Court of Appeal found this argument to be unpersuasive (para. 18 of Trinchi), drawing on part of the Jarvis decision, in which Wagner C.J. wrote at paragraph 38: …a person who chooses to disrobe and engage in sexual activity with another person…necessarily expects to be observed by that other person while she is nude and engaging in that activity. [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]
24 Apr 2019, 2:50 am
The father lodged an appeal against this decision and the Court of Appeal of Bremen (Oberlandesgericht Bremen) vacated the decision of the Magistrate Court because of lack of international jurisdiction. [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]
8 Apr 2019, 10:40 am
On appeal before the Alberta Court of Appeal, two of three judges sided with the Trustee, while one judge would have ruled that a portion of the sale proceeds from the viable wells must be set aside to meet the expected cost of remediating the orphan wells.The Supreme Court of Canada was also split on the case (5-2), but this time in favour of the AER position. [read post]
8 Apr 2019, 10:40 am
On appeal before the Alberta Court of Appeal, two of three judges sided with the Trustee, while one judge would have ruled that a portion of the sale proceeds from the viable wells must be set aside to meet the expected cost of remediating the orphan wells.The Supreme Court of Canada was also split on the case (5-2), but this time in favour of the AER position. [read post]
27 Mar 2019, 4:37 pm
After much back and forth, the trial court denied Apache’s motion to compel arbitration and the company filed an interlocutory appeal with the Second District Court of Appeals in Fort Worth. [read post]
24 Mar 2019, 4:00 am
COUNSEL COMMENTS Comments provided by Michael Wagner and James Kondopulos, Counsel for the Appellant: “With its 2004 Campbell River decision, the BC Court of Appeal articulated this province’s test for prima facie family status discrimination involving familial obligations in the context of employment. [read post]
19 Mar 2019, 3:13 pm
Although holding that the trial judge erred in one respect (that did not change the result), the Court of Appeal upheld the judge’s decision. [read post]
18 Mar 2019, 7:41 am
Bank National Association is available at:… Ernest Wagner [read post]
15 Mar 2019, 5:58 am
A copy of the opinion in Trinity 83 Development,… Ernest Wagner [read post]
10 Mar 2019, 7:23 pm
, 2016 SCC 37 (CanLII), [2016] 2 S.C.R. 23, per Wagner J., as he then was, at paras. 35-36, and per Cromwell J. [read post]
