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THE PAPER CHASE
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Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
Who pays attorney fees in a divorce proceeding?
On August 13, the U.S. Court of Appeals for the 8th Circuit reversed a lower court’s ruling that awarded damages and attorneys’ fees to a consumer who received a debt collection letter after requesting no further contact. The...more
In a recent decision, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of federal claims brought by a mortgagee against Trinity Financial Services, LLC (Trinity) under the Fair Debt Collection Practices...more
U.S. Eleventh Circuit Court of Appeals - Daniels v. Fla Fish & Wildlife - fishing regulations, constitutional challenges, standing - Glover v. Ocwen Loan Serv - FDCPA, mortgage payment fees - Rosado v. Sec’y US Navy...more
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage for TCPA Suit - "The policy at issue has an exclusion for claims 'arising out of'...more
Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more
Real Property Update - Foreclosure / Business Records / Hearsay: trial court abused its discretion in excluding collection notes into evidence where witness sufficiently laid predicate for admissibility of these records -...more
Real Property Update - Foreclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was...more
Real Property Update - Foreclosure/Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee...more
REAL PROPERTY UPDATE - Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more
Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more