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23 May 2018, 3:41 pm by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that where a mortgagee rescinded a notice of intent to accelerate and then filed a foreclosure action without first issuing a new notice of intent to accelerate, it failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to Read more → Jeffrey Karek [read post]
13 Aug 2018, 8:46 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit recently held the federal catchall statute of limitations of four years under 28 U.S.C. [read post]
12 Mar 2019, 7:04 am by Jeffrey Karek
The Appellate Court of Illinois, First District, recently held that a borrower’s general denial that the mortgagee performed the conditions precedent of the mortgage contract prior to filing a foreclosure action was insufficient under Illinois Supreme Court Rules and therefore constituted a forfeiture of the… Jeffrey Karek [read post]
30 Aug 2019, 9:41 am by Jeffrey Karek
Additionally, the Fifth Circuit certified the question of law to the Supreme Court of Texas… Jeffrey Karek [read post]
10 Sep 2018, 9:22 am by Jeffrey Karek
Accordingly, the Seventh Circuit reversed the ruling of the trial court,… Jeffrey Karek [read post]
20 Jun 2018, 6:01 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit recently held that a plaintiff did not allege Article III standing for her claim under the federal Fair Credit Reporting Act (FCRA) where there were no specific factual allegations plausibly tying the inclusion of her debit… Jeffrey Karek [read post]
4 Oct 2019, 7:51 am by Jeffrey Karek
Circuit recently held that a trial court did not abuse its discretion in denying class certification on the ground that common issues did not predominate where individual determinations of injury and causation would be required for at… Jeffrey Karek [read post]
14 Aug 2019, 6:56 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that where a company sent dispute letters to a credit reporting agency on behalf of a consumer, but the consumer did not identify the items to be disputed, review the letters, or otherwise play any… Jeffrey Karek [read post]
30 May 2019, 7:31 am by Jeffrey Karek
Court of Appeals for the Second Circuit held that even if a class action case is brought pursuant to a fee-shifting statute, common-fund principles control fee awards authorized from a common fund, and a common-fund fee award may be calculated as the lodestar… Jeffrey Karek [read post]
16 Mar 2011, 5:43 pm
Jeffrey Brown talks to Dartmouth College's Dirk Vandewalle about what's next for Libya as Moammar Gadhafi's troops rally to recapture key rebel-held cities, including their de facto capital Benghazi. [read post]
4 Aug 2018, 5:39 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a debtor’s claim seeking to use a bankruptcy trustee’s § 544(a) strong-arm power to avoid a mortgage on the ground that it was never perfected did not require appellate review of the state… Jeffrey Karek [read post]
10 Jan 2019, 9:06 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that a putative class action against state entities and a private contractor for allegedly collecting and sharing personal data without authorization was essentially a local controversy and was therefore correctly remanded… Jeffrey Karek [read post]
17 Jul 2018, 9:02 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff’s breach of contract claim against a defendant bank failed where the bank processed the consumer’s transactions in accordance with the terms of the agreement with the consumer, even though the… Jeffrey Karek [read post]
26 Apr 2017, 6:34 am by Jeffrey Karek
Therefore, the Court held, the debt collectors’ dunning letters demanding the principal sums owed and 5 percent per annum interest did not violate the federal […] Jeffrey Karek [read post]