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Taylor v. Discover Bank (Tex. App. 2018): Pitfalls of Consumer Debt Defense
13 Sep 2018, 10:15 am by Wolfgang Demino
We thus first ask whether in refusing to strike the Bank's affidavit, the trial court abused its discretion by acting without reference to any guiding rules and principles. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
The Consumer Finance Pantheon?
13 Jan 2012, 1:23 pm by Adam Levitin
First of Omaha (Nat'l Bank Act preemption) Watters v. [read post]
Credit Slips - http://www.creditslips.org/creditslips/
Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta
10 Oct 2014, 7:40 am by MBettman
” Certified Conflict Case PNC Bank, Nat’l Ass’n v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
The doctrine of collateral estoppel precludes re-litigation of issues that were actually litigated and decided in an earlier action
20 Dec 2010, 12:48 pm by PaulKostro
” First Union Nat’l Bank v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
[Eugene Volokh] Judicial Candidates' Free Speech Rights
11 Apr 2018, 9:32 am by Eugene Volokh
" The court below upheld this rule because it believed that "[t]he strict First Amendment framework of [Republican Party of Minnesota v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Core v CBNA (2015) "Account Stated" - Citibank-sponsored Cause of Action for Litigating Credit Card Collection Cases in Texas Pays Off
13 Apr 2015, 12:56 pm by WOLFGANG DEMINO
CORE v. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Failure to Amend a Qualified Domestic Relations Order under Rule 60
21 Apr 2021, 6:06 am by S. Dean Michaux, JD
In Williams v. [read post]
North Carolina Divorce Lawyers Blog - http://www.northcarolinadivorcelawyersblog.com/
Foster v National Collegiate Student Loan Trust 2007-4 - Redemptio ex machina: TSI Affidavit Machine Receives Judicial Bailout in Texas (and did not even pray for it, since it wasn't a party)
5 Apr 2018, 7:55 pm by Wolfgang Demino
In Simien v. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
CFPB v. National Collegiate Student Loan Trusts: Numerous Interventions finally approved, but where are the parties to the (proposed) Consent Judgment?
31 Oct 2018, 2:20 pm by Wolfgang Demino
  Also see prior posts on the CFPB v. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Does Sub-Prime Student Loan Debt Deserve Sub-Prime Jurisprudence? Sheila Kirk v. National Collegiate Student Loan Trust 2003-1
4 May 2019, 12:39 pm by MOTP
The first one was Foster v. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Bank not liable here where POA permitted gift giving
6 Sep 2021, 5:27 am by Vercammen Law
(Ret.) appointed William I. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Not So Jolly Is the Season: Discover Bank's lawyers in Texas move to strike Pro Bono Amicus Brief submitted in support of pro-se debtor who who had trouble putting together a proper brief of his own (pre-programmed post to mark the season)
25 Dec 2018, 3:00 am by Wolfgang Demino
Goddamn v. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Lopsided Attorney-Client Arbitration Agreements: What if client counterclaims under the civil barratry statute? - Comment on Royston v Lopez (Tex. 2015)
27 Jun 2015, 2:50 pm by MOTP
ROYSTON, RAYZOR, VICKERY, & WILLIAMS, LLP v. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Consumer Contracts at the Back-End: A Different Perspective on the Restatement of Consumer Law from Texas
2 May 2019, 12:31 pm by MOTP
Target Nat'l Bank, No. 14-11-00574-CV, 2012 WL 3043043 (Tex. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Wilmington Trust, N.A. v. Rob (5th Cir 2018) Fifth Circuit recognizes that acceleration of maturity is a harsh remedy, and that equitable constraints apply
28 May 2018, 1:42 pm by Wolfgang Demino
Nat. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Transworld Systems, Inc. (TSI) settles with Forrester Winne in fair debt collection action involving National Collegiate Student Loan Trusts (filed in USDC in Maine)
10 Sep 2017, 3:07 pm by Wolfgang Demino
DILL, TROUBH HEISLER.JANE C FORRESTER WINNE, Plaintiff, represented by WILLIAM K. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Dallas Court of Appeals finds Waiver of Right to Arbitrate
9 Jul 2011, 3:12 pm by WOLFGANG DEMINO
 Adams, William Bryan "Bill" v. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Fifth Circuit rules against homeowners, holding home loan modification agreement was not enforceable under the Texas statute of frauds
16 Jul 2017, 4:22 pm by WOLFGANG DEMINO
JP Morgan Chase Bank, 505 F. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Daubert: Does it apply at the stage of class certification?
8 Jul 2011, 8:52 am by Expert Witness Guru
Supreme Court in WILLIAM DAUBERT v. [read post]
Expert Witness Guru's Blog - http://expertwitnessguru.com/blog/
Not sad to see Justice Harvey Brown et al removed from the appellate bench in Houston: A critical look at the First Court of Appeals' private student loan jurisprudence
11 Nov 2018, 4:03 pm by Wolfgang Demino
Nat'l Collegiate Student Loan Tr. 2007-4, No. 01-17-00216-CV, 2018 WL 3352913 (Tex. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com