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13 May 2016, 3:15 am
Addressing the issue of whether a famous mark can be diluted by the identical mark of a much smaller company, the US Court of Appeals for the Seventh Circuit decided that the district court rightly dismissed trademark infringement claims and cross-claims where neither party had been, or was likely to be, harmed by the other. [read post]
12 Mar 2013, 4:00 am
(See prior posting.)Meanwhile according to the South Bend (IN) Tribune , in a separate case, Notre Dame University filed a notice of appeal to the 7th Circuit in its challenge to the contraceptive coverage mandate. [read post]
8 Jul 2008, 1:54 pm
L.P., No. 07-1624 (7th Cir. [read post]
11 Jun 2008, 3:57 am
Before Congress created the court to handle patent cases, patent appeals were handled by the same courts that handled other kinds of appeals. [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]
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]
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]
26 May 2017, 6:50 am
Court of Appeals for the Second Circuit recently affirmed the dismissal of a “data breach” lawsuit against a retailer, holding that the plaintiff lacked standing for failure to allege a cognizable injury. [read post]
6 Oct 2015, 6:03 am
Court of Appeals for the Seventh Circuit recently refused to impose a heightened “ascertainability” requirement at class certification. [read post]
15 Dec 2015, 8:44 am
Court of Appeals for the Seventh Circuit recently reversed a district court’s denial of class certification in a putative class action alleging that a debt collector violated the federal Fair Debt Collection Practices Act (FDCPA) by sending supposedly misleading letters to Illinois residents trying to collect time-barred debts. [read post]
7 Jan 2016, 8:03 am
Court of Appeals for the Seventh Circuit recently affirmed a district court ruling finding that telephone calls placed to a pro se consumer’s cellular telephone number did not violate the federal Telephone Consumer Protection Act (TCPA) because the calls were placed manually, and not using an automatic telephone dialing […]Charles Ochab [read post]
22 Aug 2016, 4:21 am
Court of Appeals for the Seventh Circuit recently held that a wage garnishment action under Illinois law is not a legal action “against a consumer” under the federal Fair Debt Collection Practices Act (FDCPA). [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
15 Dec 2017, 11:36 am
Court of Appeals for the Seventh Circuit recently held, over extensive objections by intervenors, that the trial court did not abuse its discretion in approving a class action settlement, despite alleged problems with the class notice and the fact that the attorneys’ fees award exceeded the total award to the class. [read post]
25 Sep 2015, 5:32 am
Court of Appeals for the Seventh Circuit recently affirmed a district court’s judgment that a lender did not owe the borrower a fiduciary duty to use the payout from a homeowners’ insurance policy to pay down the loan instead of repair the house, but reversed the dismissal of the borrower’s breach of contract […] Daniel B. [read post]
3 Apr 2017, 7:58 am
Court of Appeals for the Seventh Circuit recently reversed a trial court’s grant of class certification and remanded the case with instructions to dismiss the case with prejudice because the plaintiffs lacked standing to sue, having shown no injury in fact as required under Spokeo, Inc. v. [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
13 Mar 2020, 6:52 am
Court of Appeals for the Seventh Circuit affirmed entry of judgment on the pleadings against a former condominium association board director’s claim that the association’s attorneys’ request for fees in a separate state court action filed by the association against the former director violated the federal Fair Debt Collection Practices Act (FDCPA). [read post]
26 Apr 2017, 6:34 am
Court of Appeals for the Seventh Circuit recently held that two debt collectors were entitled to demand payment for both principal amounts owed and interest under Wisconsin law. [read post]
2 Feb 2016, 4:31 am
Court of Appeals for the Seventh Circuit recently held that a lender that is on inquiry notice that its security interest in the collateral had been fraudulently conveyed may lose its secured status. [read post]
