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20 Sep 2018, 7:42 am by Eric Tsai
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]
10 May 2018, 1:16 pm by Eric Tsai
Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating in collecting the debts in violation of the federal Fair Read more → Eric Tsai [read post]
10 May 2018, 1:16 pm by Eric Tsai
Court of Appeals for the Ninth Circuit recently rejected a so-called “flat-rating” claim, holding that a company that sent letters demanding that hospital patients pay their overdue medical bills did not create a false or misleading impression that the company was actually participating in collecting the debts in violation of the federal Fair Read more → Eric Tsai [read post]
26 Oct 2015, 6:16 am by Eric Tsai
Court of Appeals for the Ninth Circuit, in a case of first impression, recently held that section 1328(f) of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which bars so-called “Chapter 20” debtors from receiving a discharge at the conclusion of their Chapter 13 reorganization if they received a Chapter 7 discharge […] Eric Tsai [read post]
6 Sep 2017, 7:41 am by Eric Tsai
Court of Appeals for the Eighth Circuit recently rejected a debtor’s attempt to hold a bank liable for allegedly faulty advice provided in connection with various lending transactions, holding that the debtor could not claim reliance on the bank’s advice when the debtor had an ability to investigate the details of the transaction […] Eric Tsai [read post]
6 Jun 2017, 6:50 am by Eric Tsai
Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a complaint alleging violations of the federal Telephone Consumer Protection Act, the federal Fair Debt Collection Practices Act (FDCPA) and its analogue under Florida state law, because the plaintiff previously filed a separate lawsuit against the same defendant alleging violations of […] Eric Tsai [read post]
20 Apr 2017, 8:38 am by Eric Tsai
In so ruling, the Ninth Circuit held that, although courts typically apply the forum state’s statute of limitations if the contract is […] Eric Tsai [read post]
26 May 2016, 8:41 am by Eric Tsai
In so ruling, the Court also held that an HOA’s covenants, conditions, and restrictions (“CC&Rs”) that purport to create a […]Eric Tsai [read post]