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Joseph Onwuteaka, attorney and debt collector for his own debt-buying company loses another appeal in an FDCPA case over his practice of suing consumers in the wrong county
19 Jun 2018, 3:57 pm by Wolfgang Demino
§ 1692a(6).In Henson, the United States Supreme Court specified that it would only determine whether the defendant was a debt collector pursuant to the second definition of section 1692a(6), i.e., whether the "statutory language defining the term `debt collector' [] embrace[s] anyone who `regularly collects or attempts to collect . . . debts owed or due . . . another.'" 137 S. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Rare Bird of a SCOTX Decision: Arbitration Results Undone - No agreement to arbitrate - Jody James Farms, JV v. The Altman Group, Inc. (Tex. May 11, 2018) (Op. by Guzman)
18 Jun 2018, 7:06 pm by MOTP
The arbitrator agreed with Rain & Hail that Jody James did not "timely present[] notice of its claim in accordance with the provisions of the crop insurance policy" and, further, "did not state a presentable loss" because crops from performing and non-performing farm units were commingled. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Fifth Circuit tells pro se foreclosure plaintiffs in 2nd appeal that their claims shall remain in federal court after removal from state court
18 Jun 2018, 5:27 pm by Wolfgang Demino
Unit A Feb. 1981)). [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Just How Indefensible Does an Argument in a Government Brief Have to Be to Cause All the Career Litigators in Federal Programs to Withdraw from the Case?
8 Jun 2018, 7:20 am by Marty Lederman
United States, No. 18-167 (N.D. [read post]
Balkinization - http://balkin.blogspot.com/
Prolific FDCPA Violator taken to task: Infante v. Law Office of Joseph Onwuteaka, P.C. (5th Cir. May 31, 2018)
2 Jun 2018, 4:12 pm by Wolfgang Demino
[State of Texas v. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
[Eugene Volokh] Minister Has Sex with Married Parishioner -- Can Church Be Liable for Saying the Parishioner Committed Adultery?
1 Jun 2018, 8:23 am by Eugene Volokh
[In a phone call], Elder Van Donselaar stated, "Edouard is more repentant than any of the women will ever be. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Wilmington Trust, N.A. v. Rob (5th Cir 2018) Fifth Circuit recognizes that acceleration of maturity is a harsh remedy, and that equitable constraints apply
28 May 2018, 1:42 pm by Wolfgang Demino
George, for Plaintiff-Appellee.Appeal from the United States District Court for the Western District of Texas.Before: SMITH, BARKSDALE, and HIGGINSON, Circuit Judges.STEPHEN A. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Lawsuit Alleging Gender Identity Discrimination Becomes Entangled with Lawsuit Seeking to Invalidate Federal Gender Identity Policies
16 May 2018, 2:18 pm by Phillips & Associates
United States v. [read post]
New York Employment Attorney Blog - http://www.newyorkemploymentattorney-blog.com/
Lawsuit Alleging Gender Identity Discrimination Becomes Entangled with Lawsuit Seeking to Invalidate Federal Gender Identity Policies
16 May 2018, 2:18 pm by Phillips & Associates
United States v. [read post]
New York Employment Attorney Blog - http://www.newyorkemploymentattorney-blog.com/
Take it from Justice Blacklock: Harris County Deputy's use of personal gun to shoot a citizen wasn't use of tangible personal property for Tort Claims Act purposes. Victim's case dismissed!
11 May 2018, 1:01 pm by MOTP
” Rusk State Hosp. v. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
AUTHENTICATION OF SOCIAL MEDIA; NO EASY MATTER
7 May 2018, 9:41 am by Mark Ashton
 United States v. [read post]
Pennsylvania Family Law - http://pafamilylaw.foxrothschild.com/
TAOS wins on liability, but damages have to be re-assessed. A case of multiple trade secrets.
1 May 2018, 10:29 am by Lawrence B. Ebert
United States,561 U.S. 358, 414 & n.46 (2010); Hedgpeth v. [read post]
IPBiz - http://ipbiz.blogspot.com/
[Orin Kerr] Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules
29 Apr 2018, 3:29 pm by Orin Kerr
See United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Out the Courthouse Door and Off to Arbitration You Go, Dasher -- By Yourself! - Edwards v Doordash Inc. (5th Cir 2018)
27 Apr 2018, 6:09 am by MOTP
United States Court of Appeals, Fifth Circuit. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
[Eugene Volokh] Why Properly Crafted Injunctions Against Libel Are Constitutional
17 Apr 2018, 11:29 am by Eugene Volokh
Barnes, 443 S.W.3d 87, 100 (Tex. 2014); Life Ass'n of Am. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Texas Supreme Court Opines on Retained Acreage Clauses
16 Apr 2018, 7:00 am by John McFarland
Mani, Interpreting and Drafting Retained Acreage Provisions–Partial Termination of Leasehold Rights, State Bar of Tex. [read post]
Oil and Gas Lawyer Blog - http://www.oilandgaslawyerblog.com/
Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense
13 Apr 2018, 10:04 am by Gerald Maatman, Jr., Timothy Haley and Ashley Laken
Tex. 2001) (unity of interest between franchisor and its franchisees made them incapable of conspiring in violation of the Sherman Act); Hall v. [read post]
Trading Secrets - http://www.tradesecretslaw.com/
Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense
12 Apr 2018, 12:37 pm by Seyfarth Shaw LLP
Tex. 2001) (unity of interest between franchisor and its franchisees made them incapable of conspiring in violation of the Sherman Act); Hall v. [read post]
Workplace Class Action Blog - http://www.workplaceclassaction.com/
Texas Court's Mighty Labor Is in Vain
8 Apr 2018, 8:26 pm
Mark Lawrence and his Diocese of South Carolina before the United States Supreme Court. [read post]
Anglican Curmudgeonr - http://accurmudgeon.blogspot.com/
Texas Court's Mighty Labor Is in Vain
8 Apr 2018, 2:09 pm
Mark Lawrence and his Diocese of South Carolina before the United States Supreme Court. [read post]
Anglican Curmudgeonr - http://accurmudgeon.blogspot.com/