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Supreme Court Declines to Review Second Circuit Decision Subjecting Defaulted Debt Buyers to State Usury Laws

On June 27, the United States Supreme Court declined to review the Second Circuit’s decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). By denying Midland Funding, LLC’s petition for a writ of...more

Supreme Court Denies Certiorari Petition in Madden Case

Although it is reasonably unlikely that other circuit courts will follow the Second Circuit decision, it is uncertain whether application of the Madden case in the Second Circuit will be confined to its facts....more

Leveraging Government's Brief, Midland Pushes for Cert

Capitalizing on the government's position in its brief to the U.S. Supreme Court, Midland Funding filed a supplemental brief in support of its quest to have the justices overturn a Second Circuit Court of Appeals opinion...more

FCRA Preemption: Is Guidance on the Way from the 11th Circuit?

FCRA preemption of state law claims against furnishers of credit information is anything but a settled legal issue. For better or worse, guidance may be on the way soon from the Eleventh Circuit. This is a subject that cannot...more

Does the Use of Foreign Call Centers Violate Privacy and Consumer Protection Laws?

Many companies rely on foreign call centers to help with customer service or other business needs. Now, Plaintiffs in a federal lawsuit allege that the use of such centers violates customers’ privacy and puts personal...more

Paris International Litigation Bulletin no. 1

OVERVIEW OF RECENT DEVELOPMENTS Legislative developments in France Page 1 Proceedings before French courts Page 1 European law Page 3 Foreign case law Page 4 FEATURES The French Supreme Court holds that an order to...more

Toresco v. American Honda Motor Co. et al.

Brief in Support of Defendant American Honda Motor Co., Inc.'s Motion to Dismiss Plaintiff's Complaint for Failure to State a...New Jersey

Motion to dismiss New Jersey portion of the notorious "Honda bribery scandal" litigation that eventually was settled as part of a nationwide Multi-District Litigation proceeding. This motion, much of which focused on the...more

Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc.

Brief of AppellantNew Jersey

The Appellate Division brief in this oft-cited, precedent-setting case, reported as Kubis & Perszyk Assocs. v. Sun Microsystems, 680 A.2d 618 (N.J. 1996), in which the New Jersey Supreme Court ruled that forum selection...more

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