Search for: "Jeffrey Karek"
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3 Dec 2019, 8:02 am
However, the seller was required to… Jeffrey Karek [read post]
5 Nov 2019, 7:52 am
The Court of Appeal of the State of California, First Appellate District, recently held that a forum selection clause in favor of a New York forum was unenforceable where the clause included a predispute jury trial waiver, which is unenforceable under California law but which… Jeffrey Karek [read post]
28 Oct 2019, 8:06 am
Accordingly, the Seventh Circuit affirmed the trial… Jeffrey Karek [read post]
17 Oct 2019, 6:01 am
The Illinois Appellate Court, First District, recently held that an entity with only a purported equitable interest in a property was only a permissive party to a foreclosure and not a necessary party, and therefore the plaintiff mortgagee was not required to serve the entity… Jeffrey Karek [read post]
4 Oct 2019, 7:51 am
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]
5 Sep 2019, 10:12 am
… Jeffrey Karek [read post]
30 Aug 2019, 9:41 am
Additionally, the Fifth Circuit certified the question of law to the Supreme Court of Texas… Jeffrey Karek [read post]
19 Aug 2019, 7:51 am
Court of Appeals for the Ninth Circuit recently held that class plaintiffs alleged a concrete and particularized harm sufficient to confer Article III standing where the defendant company’s alleged collection, use, and storage of the plaintiffs’ biometric information was the substantive harm targeted… Jeffrey Karek [read post]
14 Aug 2019, 6:56 am
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]
22 Jul 2019, 9:27 am
In determining the legal standard for holding a creditor in civil contempt for attempting to collect a debt in violation of a bankruptcy discharge order, the Supreme Court of the United States adopted an “objectively reasonable” standard, and held that a court may hold a… Jeffrey Karek [read post]
17 Jul 2019, 8:00 am
Court of Appeals for the District of Columbia Circuit held that where a company provided a consumer with a receipt that displayed her entire 16-digit credit card number and credit card expiration date in violation of the federal Fair and Accurate Credit Transactions… Jeffrey Karek [read post]
9 Jul 2019, 7:52 am
Court of Appeals for the First Circuit, on an issue of first impression at the federal appellate level, recently held that the Merrill doctrine – which prevents federal government instrumentalities from being bound by the unauthorized acts of their agents – applies to… Jeffrey Karek [read post]
8 Jul 2019, 5:35 am
The Supreme Court of New Jersey held that where a plaintiff challenges the validity of a transaction as a whole and not specifically the arbitration agreement that is included as part of a transaction, the plaintiff must arbitrate their claims because an arbitration agreement is… Jeffrey Karek [read post]
5 Jun 2019, 7:22 am
Circuit held recently that plaintiffs failed to offer sufficient evidence to create a genuine dispute of fact as to their accounting and fraudulent concealment claims against a bank based on the disappearance of funds from a savings… Jeffrey Karek [read post]
30 May 2019, 7:31 am
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]
23 May 2019, 5:52 am
Accordingly, the Texas… Jeffrey Karek [read post]
29 Apr 2019, 8:30 am
Accordingly, the contrary ruling of… Jeffrey Karek [read post]
23 Apr 2019, 8:24 am
Lee, and that “when a trustee… Jeffrey Karek [read post]
29 Mar 2019, 6:49 am
Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies section 1692g of the federal Fair Debt Collection Practices Act (FDCPA) notwithstanding its failure to… Jeffrey Karek [read post]
20 Mar 2019, 12:40 pm
Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a bankruptcy trustee’s ability to avoid the defective lien because such notice is irrelevant to a trustee’s status… Jeffrey Karek [read post]
