Search for: "Ernest Wagner" Results 1 - 20 of 72
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29 Oct 2019, 1:26 pm by Ernest Wagner
Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a… Ernest Wagner [read post]
7 Oct 2019, 7:54 am by Ernest Wagner
Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order denying a motion to remand a putative class action to Arkansas state court based on the federal Class Action Fairness Act’s (CAFA) “local controversy” exception to jurisdiction because the consumer… Ernest Wagner [read post]
11 Sep 2019, 5:59 am by Ernest Wagner
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]
29 Aug 2019, 6:14 am by Ernest Wagner
Court of Appeals for the Ninth Circuit recently reversed a trial court order remanding a case to state court for lack of jurisdiction under the federal Class Action Fairness Act (CAFA) because the jurisdictional allegations pleaded provided a short and plain statement of… Ernest Wagner [read post]
26 Aug 2019, 12:59 pm by Ernest Wagner
In so ruling, the Court held that res judicata should not apply in this case because in the… Ernest Wagner [read post]
12 Aug 2019, 12:12 pm by Ernest Wagner
Court of Appeals for the Eighth Circuit recently reversed a trial court order dismissing a plaintiff’s complaint for lack of standing, holding that the plaintiff properly alleged an injury in fact because it claimed an economic harm to it that was concrete and… Ernest Wagner [read post]
2 Aug 2019, 9:08 am by Ernest Wagner
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]
15 Jul 2019, 7:39 am by Ernest Wagner
Court of Appeals for the Second Circuit affirmed the dismissal of a case for lack of jurisdiction because when the plaintiffs withdrew their class action allegations in an amended complaint, the withdrawal divested the court of jurisdiction under the federal Class Action Fairness… Ernest Wagner [read post]
20 Jun 2019, 7:02 am by Ernest Wagner
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a borrower’s claim, holding that a mortgage servicer’s motion to reschedule a previously set foreclosure sale after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest Wagner [read post]