3 Proven Strategies for Dealing with a Midland Funding Lawsuit
Wild one for you in a TCPA suit against Charter. “This case has been litigated to a remarkable degree for a single-plaintiff Telephone Consumer Protection Act (“TCPA”) case.” So stated Plaintiff in her motion for summary...more
In his latest win, Mark Dobronski filed suit against George Magana Younghorse, doing business as Signzdirect, claiming 19 unsolicited fax advertisements violated both the Telephone Consumer Protection Act (TCPA) and...more
The law is so arcane. A jungle of ferns and vines to snag and ensnare. Only the truly wary can survive long. It takes a survivalist instinct. I love it here. As one federal judge said of me once after I failed to fall into...more
In today’s BLOG, we will address the enforcement of foreign judgments (i.e., judgments obtained outside the State of New York) in New York.[1]Simply stated, armed with a money judgment, a judgment creditor can employ numerous...more
Garlington v. Two Rivers Farm, LLC, C.A. No. 2024-0917-BWD (Del. Ch. Apr. 7, 2025) - The Court of Chancery entered default judgment in a books and records action. The defendant limited liability company then appeared...more
A federal district court in New Jersey recently entered an unopposed default judgement for breach of contract against Mani Hotels, LLC and Mehulkumar Ahir arising from the early termination of a franchise agreement with Days...more
A federal court in New Jersey recently entered default judgment against franchisee Nisha Investments, LLC and its guarantor Rajesh Patel arising from their early termination of a franchise agreement with La Quinta...more
The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of a copyright infringement claim alleging copying of a photograph, finding that the defendant’s use of the photograph did not constitute...more
“Once a judgment is tainted by deceit it is fatally flawed” (Park v CNH Industrial Capital Europe Limited). But can an application to set aside a default judgment allegedly procured by fraud, itself be an abuse of process,...more
On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more
The Alabama Supreme Court issued its weekly release list on Friday, May 9. The opinions of interest to the Alabama business community include the following...more
An analysis of Lawton Candle v. BG Personnel LP and Texas Rule of Civil Procedure 108. In a recent case, Lawton Candle v. BG Personnel LP, the Dallas Court of Appeals overturned a default judgment against an Oklahoma LLC...more
Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more
The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more
A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more
A federal district court in Tennessee granted a motion for a default judgment in the franchisor’s favor against its former franchisee requiring the franchisee to pay damages and comply with the post-termination obligations...more
Front Row Motorsports, one of two teams suing NASCAR in federal court, accused the stock car series Thursday of rejecting the planned purchase of a valuable charter unless the lawsuit was dropped....more
Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more
In New York civil actions, where a defendant fails to answer the complaint, the next step is usually a motion for a default judgment pursuant to CPLR 3215. However, in residential mortgage foreclosure actions, the plaintiff...more
When a divorce or family law case begins, one party files a petition or a motion. It could be a petition for dissolution of marriage, paternity, or a motion to modify. It could be a motion for contempt, an order of...more
For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more
A federal District Judge for the Northern District of Georgia, Victoria Marie Calvert, awarded a default judgment to the CFPB against USASF, a car loan servicer of loans originated by U.S. Auto Sales Inc., a buy-here,...more
We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important...more
Neumoyer v. J.B. Hunt Transportation Services, Inc., 2024 WL 261164 - This case arises from a motor vehicle accident in which the defendant Hill was operating his motor vehicle with the plaintiff as a passenger when their...more