Search for: "Eric Tsai"
Results 21 - 40
of 97
Sorted by Relevance
|
Sort by Date
20 Sep 2018, 7:42 am
Court of Appeals for the Ninth Circuit recently reversed a trial court’s order remanding a putative class action lawsuit to state court on the ground that the defendant removing party failed to prove that the amount in controversy exceeded $5 million, as required… Eric Tsai [read post]
18 Sep 2019, 7:18 am
Court of Appeals for the Third Circuit recently vacated an order approving the settlement of a class action certified under Rule 23(b)(2), where the only benefit to the class was the defendant’s payment of a cy pres award to organizations that promoted data… Eric Tsai [read post]
13 Feb 2019, 11:25 am
The Court of Appeal for the Second District of California held that California’s fee shifting statue in California Civil Code § 1717 permitted a former loan servicer and foreclosure trustee to recover their attorneys’ fees authorized by the contract, even though the deed of trust… Eric Tsai [read post]
7 Aug 2019, 7:38 am
In so ruling, the… Eric Tsai [read post]
4 Sep 2018, 5:21 am
§ 1681,… Eric Tsai [read post]
9 May 2016, 5:11 am
District Court for the Northern District of California recently held that an amendment to the federal Telephone Consumer Protection Act (TCPA) enacted as part of the Bipartisan Budget Act of 2015 applies to calls made in 2014 “solely to collect a debt owed to or guaranteed by the United States,” and therefore granted […]Eric Tsai [read post]
10 Oct 2019, 10:41 am
In so ruling, the Ninth Circuit held: When a notice of removal plausibly alleges… Eric Tsai [read post]
13 Nov 2017, 6:14 am
A copy of the opinion in BRE DDR BR Read more → Eric Tsai [read post]
12 Mar 2018, 8:31 am
Read more → Eric Tsai [read post]
4 Jun 2018, 4:02 am
Although the financial institutions… Eric Tsai [read post]
18 Apr 2018, 1:52 pm
The Seventh Circuit also held that the Read more → Eric Tsai [read post]
4 Dec 2018, 8:18 am
§ 224.77 because the borrower could not prove that the servicer’s alleged failure… Eric Tsai [read post]
13 Jun 2016, 7:27 am
As an example of the conflicting and contrasting court rulings on the effect of surrender in bankruptcy (see our prior update), the District Court of Appeal of the State of Florida, Fifth District, recently dismissed a borrower’s appeal from a final judgment of foreclosure because the borrower admitted during the course of his bankruptcy proceeding […]Eric Tsai [read post]
16 Aug 2019, 5:31 am
Court of Appeals for the Second Circuit recently affirmed the dismissal of a claim under the federal Fair Debt Collection Practices Act holding that an FDCPA violation occurs, for the purposes of the FDCPA’s one year statute of limitations, when an individual is injured… Eric Tsai [read post]
1 Mar 2018, 8:12 am
Court of Appeals for the Eleventh Circuit recently held that a bank could not enforce an arbitration clause inserted into an amended customer account agreement during the pending litigation incident to the sale and acquisition of the bank, because the plaintiff was actively opposing arbitration and the bank failed to notify the plaintiff’s Read more → Eric Tsai [read post]
8 Apr 2019, 7:18 am
In so ruling, the Ninth Circuit determined that the… Eric Tsai [read post]
12 Sep 2018, 6:58 am
A copy of… Eric Tsai [read post]
31 Jul 2017, 7:32 am
In so ruling, the Court also held that the Illinois statute for bad […] Eric Tsai [read post]
12 Apr 2019, 9:04 am
The Court of Appeal for the Fourth District of California recently held that a trustee conducting a non-judicial foreclosure is not subject to tort liability unless it violated duties established by the deed of trust and governing statutes, or if the trustee has effectively taken… Eric Tsai [read post]
27 Mar 2017, 10:08 am
The Bankruptcy Appellate Panel for the Eighth Circuit recently held that a secured creditor obtained a valid lien on collateral because technical defects in the bill of sale did not invalidate a transfer of title to the collateral, and rejected the argument that the secured creditor should have inspected the bill of sale before advancing […] Eric Tsai [read post]
