Default Judgment

News & Analysis as of

Changes to WA Supreme Court process for mortgage actions

On 16 November 2016 significant changes to the Rules of the Supreme Court in Western Australia affecting mortgage recovery actions were made....more

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

Filing a Collection Suit? The Statute of Limitations for the Forum State May Not Be the Correct Limitations Period

Debt collectors filing suit often assume that the forum state’s statute of limitations will apply. However, a string of recent cases suggests that may not always be the case. The Ohio Supreme Court recently determined that,...more

Sonic v. Supersonic Coffee v. AKA Coffee: Bullied to a better brand?

A specialty coffee roastery in San Francisco, Supersonic Coffee, has decided to rebrand to the name AKA Coffee, as reported yesterday. The impetus for the rebrand was an opposition at the Trademark Trial and Appeal Board...more

Don’t Ignore Your National Collegiate Student Loan Trust Lawsuit

National Collegiate Student Loan Trust files many lawsuits in Arizona each month. They are often filed in the superior court that deals with lawsuits where the amount in dispute is over $10,000. If you have been sued by...more

Let the Punishment Fit the Crime

In Drone Technologies, Inc. v. Parrot S.A., [2015-1892, 2015-1955] (September 29, 2016), the Federal Circuit vacated the final judgment and the awards of damages ($7.8 million) and attorney fees ($1.7 million), finding that...more

Appeals Court Upholds Default Judgment for Discovery Violations, Including Wiping Files from Laptop: eDiscovery Case Law

In Trude et. al. v. Glenwood State Bank, et. al., Nos. A15-0378, A15-1863, A15-1864 (Minn. App., Aug. 15, 2016), a Minnesota Appeals Court affirmed the trial court’s entry of default judgment for repeated discovery...more

Piracy Pays (The IP Owner) – Judge Whyte Grants Motion for Default Judgment After Awarding Sanctions in Unauthorized Software...

Order Granting Motion for Default Judgment, Adobe Systems Inc. v. Software Tech, et al., Case No. 5:14-cv-02140-RMW (Judge Ronald M. Whyte) - Everyone in the software field (and probably every computer user) is familiar...more

Coming Up Short: When There Aren't Enough Judges Eligible To Rehear A Case En Banc

Every now and then we see something in the reported decisions of the U.S. Court of Appeals for the Seventh Circuit that seems noteworthy because we’ve never seen it before. The following is one such example. Seventh...more

Suspended And Dissolved Corporation Still Defaulted

The story is straightforward; the legal ramifications are not: The plaintiff sued a corporation. Before the lawsuit was filed, the Secretary of State had suspended the corporation and then the corporation was...more

How Long are Arizona Judgments Enforceable?

Over 95% of the cases filed by junk debt buyers like Midland Funding, CACH, LLC, and Portfolio Recovery Associates end in a default judgment. These debt collectors file thousands of debt collection lawsuits in Arizona each...more

Bridging the Week - August 2016

FCM Agrees to Pay US $800,000 Fine to CFTC Because of US $1.1 Million in Erroneous Customer Exchange Fees Charges: Barclays Capital, Inc. agreed to pay a fine of US $800,000 to the Commodity Futures Trading Commission to...more

5 Reasons Why You Need a Lawyer in Your Arizona Debt Collection Lawsuit

Junk debt buyers like Midland Funding, Portfolio Recovery, Cavalry SPV, CACH, LLC, and Cortez Investment files thousands debt collection cases in Arizona courts every month. Most of these cases don’t end well. In fact, over...more

Federal Judge Awards EEOC $179,000 Default Judgment Against Workplace Staffing Solutions For Sex Discrimination

Louisiana Staffing Firm Failed to Hire Six Qualified Women Because of Their Sex While Hiring Only Men, Federal Agency Charged - JACKSON, Miss. - A federal judge has ruled in favor of the U.S. Equal Employment Opportunity...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC37813 - Santarsiero v. Planning & Zoning Commission - A planning and zoning commission (PZC) was entitled to use its discretion in waiving a landscape buffer requirement...more

Bankruptcy Beat: Default Judgment Is Not Automatic Following Entry Of Default

On May 12, 2016, the Honorable Julie A. Manning issued a decision in an adversary proceeding entitled Law Office of W. Martyn Philpot, Jr., LLC v. Day, which addressed two issues. The first issue was whether the plaintiff was...more

What Employers Need to Know About the New State Garnishment Laws, Part I: Michigan and Georgia

The requirements and processes applicable to employers handling garnishments are primarily governed by state laws. Therefore, in addition to the federal Consumer Credit Protection Act (CCPA), multistate employers need to be...more

Sued by a Debt Collector? Don’t Ignore it!

The overwhelming majority of families that are sued by debt collectors either don’t get proper notice or simply ignore it. This isn’t the first (or even second) time I have written about this. Every now and again – usually...more

Michigan Attorney General Announces Default Judgment Against Automobile Title Loan Company Over Alleged Usurious Loans

On June 8, 2016, the Michigan Attorney General announced that a Michigan court entered a default judgment and permanent injunction against an automobile title loan company over alleged usurious loans that violated the...more

Southern District Still Screams For Ice Cream – And Attorneys’ Fees – In Master Softee Trademark Dispute

Memorial Day weekend is coming, marking the unofficial start of summer. The Southern District of New York has marked the occasion by entering a judgment for attorneys’ fees and costs against Mister Softee copycat, Master...more

Purchasing a Corporation in Maryland? “Mere Continuation” Rule Just Became Clearer

The Maryland Court of Appeals (the “Court”), the state’s highest court, in Phillip Martin, v. TWP Enterprises Inc. (No. 1855, Sept. Term, 2014, decided Feb. 24, 2016, Leahy, J.) addressed what it identified as the third...more

History Repeats Itself: The EEOC Scores Big Judgment Against Absent Party

Seyfarth Synopsis: The EEOC obtains a multi-million dollar default judgment against an out-of-business company in a case alleging “human trafficking” discrimination claims....more

Dot Your i’s and Cross Your t’s Before Service: It Could Be Worth $2.5 Million

When De Gazelle Group, Inc. sought to use FedEx for service of process of a Saudi Arabian company, Tamaz Trading Establishment, it reliably arrived at the Saudi Arabian post office. In fact, a Tamaz agent, seeking legal...more

Late notice to insurer costs Maryland bank millions

Insurance law generally imposes on a policyholder the duty to give timely notice of claims to its insurance company. Sometimes, because of forgetfulness, ignorance, neglect, or a number of other reasons, companies fail to...more

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