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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]
31 Mar 2017, 10:12 am
., even if the breach of contract and TILA […] Eric Tsai [read post]
18 May 2017, 6:51 am
Moreover, because the borrowers based their claims […] Eric Tsai [read post]
16 May 2016, 6:07 am
[…]Eric Tsai [read post]
20 Apr 2017, 8:38 am
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]
19 Oct 2015, 8:55 am
In so holding, the Court found that actively contesting a post-bankruptcy […] Eric Tsai [read post]
26 Mar 2018, 6:35 am
In so ruling, the Court also held that the federal Truth in Read more → Eric Tsai [read post]
13 Feb 2017, 6:26 am
A copy of the opinion in In re Birmingham is available […] Eric Tsai [read post]
26 Oct 2015, 6:16 am
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]
10 May 2018, 1:16 pm
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]
25 Aug 2017, 3:25 pm
§ 1332(d), must provide sufficient evidence to allow the court to determine – not speculate – that it was more likely than not that there were at least 100 […] Eric Tsai [read post]
16 Oct 2017, 7:48 am
Co. is available at: Link to Read more → Eric Tsai [read post]
21 Nov 2017, 7:12 am
A copy of the Read more → Eric Tsai [read post]
27 Jan 2016, 10:03 am
Cavalry Investments, LLC, is among the growing number of […]Eric Tsai [read post]
11 Aug 2017, 8:41 am
In so ruling, the […] Eric Tsai [read post]
18 Jan 2016, 4:46 am
In so ruling, the Court held that: (1) […]Eric Tsai [read post]
13 Jun 2016, 5:49 am
Bankruptcy Court for the Southern District of Florida recently denied a creditor’s motion to compel the debtor to surrender mortgaged property and also denied the debtor’s motion to stay the case, holding that a chapter 7 debtor who indicates surrender of real property in his statement of intention is not obligated to surrender […]Eric Tsai [read post]
10 Apr 2018, 7:07 am
Amnesty International USA, 568 U.S. 398 Read more → Eric Tsai [read post]
2 Jul 2018, 6:21 am
Court of Appeals for the Third Circuit recently held that an “automatic telephone dialing system” under the federal Telephone Consumer Protection Act must have the present or current capacity to store or produce… Eric Tsai [read post]
16 Nov 2017, 8:19 am
In so ruling, the Third Circuit held that: (1) defendants arguing that a class is not ascertainable should be required Read more → Eric Tsai [read post]
