Substantial Compliance with Contract-
American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739.
In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more
4/3/2023
/ Article III ,
Breach of Contract ,
Change of Ownership ,
Class Action ,
Class Certification ,
Debt Collectors ,
FDCPA ,
Federal Rules of Civil Procedure ,
Invasion of Privacy ,
Limited Liability Company (LLC) ,
Mutuality ,
Remedies ,
Summary Judgment
Ohio-
Statute of Limitations Under FDCPA-
Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023).
In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more
3/15/2023
/ Arbitration ,
Debt Collection ,
Derivative Suit ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Forum Selection ,
Good Faith ,
Guaranty Claims ,
Investigations ,
Sheriffs Sale ,
Statute of Limitations ,
Waivers
Fair Debt Collection Practices Act-
In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
7/11/2022
/ Apex Doctrine ,
Breach of Contract ,
Communications Decency Act ,
Condition Precedent ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Debt Collection ,
Debt Collectors ,
Defamation ,
Depositions ,
Disclosure ,
False Statements ,
FDCPA ,
Financial Reporting ,
Financial Services Industry ,
Foreclosure ,
Post Judgment Discovery ,
Premature Claims ,
Statute of Limitations ,
Summary Judgment ,
Waivers
On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more
Ohio-
Restrictive Covenants-
New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more
11/9/2021
/ Affirmative Use Deed Restrictions ,
Article III ,
Bonuses ,
Debt Collection ,
Debt Collectors ,
Disclosure ,
Expert Witness ,
Fair Labor Standards Act (FLSA) ,
FDCPA ,
Foreclosure ,
Homeowners ,
Homeowners Association (HOA) ,
Property Owners ,
Property Tax ,
Punitive Damages ,
Restrictive Covenants ,
Salary/Wage History ,
State Treasurers ,
Third-Party
The Eleventh Circuit released an Opinion on April 21, 2021, related to the Fair Debt Collection Practices Act (FDCPA), which is a must-read for all in the business of servicing loans or collecting debts. The Eleventh Circuit...more