Search for: "Ernest Wagner"
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29 Aug 2019, 6:14 am
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
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
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
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
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
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]
17 Jun 2019, 4:16 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
11 Jun 2019, 3:00 pm
Court of Appeals for the Seventh Circuit recently affirmed two trial court rulings in favor of a debt collector and against the debtors holding that correspondence which identified “the name of the creditor to whom the debt is owed” as the original creditor… Ernest Wagner [read post]
10 May 2019, 10:30 am
The Appellate Court of Illinois Fifth District affirmed the dismissal of a borrower’s alleged putative class action alleging that the successor to a credit card issuer violated various state and federal laws when it filed suit to collect the debt past the four-year statute of… Ernest Wagner [read post]
1 May 2019, 8:11 am
Court of Appeals for the Eighth Circuit affirmed a trial court’s judgment against a guarantor holding that a guaranty signed upon the advice of his financial advisor was binding even if he did not know the amount of the debt because he understood… Ernest Wagner [read post]
16 Apr 2019, 7:19 am
Court of Appeals for the Fifth Circuit recently held that a mortgage servicer only had to comply with the federal Real Estate Settlement Procedure Act (RESPA) requirements regarding loss mitigation applications once when the servicer had already provided the same reasons for the… Ernest Wagner [read post]
18 Mar 2019, 7:41 am
Bank National Association is available at:… Ernest Wagner [read post]
15 Mar 2019, 5:58 am
A copy of the opinion in Trinity 83 Development,… Ernest Wagner [read post]
8 Mar 2019, 6:37 am
… Ernest Wagner [read post]
26 Feb 2019, 12:31 pm
Court of Appeals for the Seventh Circuit affirmed a trial court judgment in favor of an online real estate marketplace company and against the sellers of real property, finding that an estimate on the website of their property’s value did not violate the… Ernest Wagner [read post]
22 Feb 2019, 7:47 am
Court of Appeals for the Seventh Circuit reversed a trial court judgment in favor of a borrower and against a debt collector, and ruled that reporting to a credit reporting agency that a debtor owed nine unpaid bills of $60 instead of one… Ernest Wagner [read post]
15 Feb 2019, 9:05 am
In so ruling,… Ernest Wagner [read post]
6 Feb 2019, 7:47 am
Reversing a ruling by the Fourth District Court of Appeal, the Supreme Court of Florida recently held that a mortgagee’s voluntary dismissal of an appeal made the borrower the prevailing party entitled to recover appellate attorney’s fees because the mortgagee maintained its right to enforce… Ernest Wagner [read post]
3 Feb 2019, 9:05 am
Path. 49, 57 (1938) Sir Ernest Laurence Kennaway & Nina Marion Kennaway (1947) “The general indication of these results is that the factors which lead to silicosis are not very active in producing cancer of the lung or larynx. [read post]
15 Jan 2019, 8:10 am
In so ruling, the Supreme Court… Ernest Wagner [read post]
