News & Analysis as of

Debt Collection Breach of Contract

Ward and Smith, P.A.

Collection Costs of a Non-Discharged Debt Also Are Non-Discharged

Ward and Smith, P.A. on

Bankruptcy offers debtors an opportunity for a "fresh start," the primary draw for many individuals seeking to unburden themselves of their debt. A bankruptcy discharge relieves a debtor of their legal obligation to repay...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 11, 2020

Carlton Fields on

Real Property Update - Due Process / Notice: due process rights violated in case involving claims for breach of contract for sale of property; party received insufficient notice of motion to amend complaint to add punitive...more

White and Williams LLP

Successor Liability in the Pandemic Era

If the 2008 recession gives us the ability to predict anything about upcoming trends in commercial litigation, it is that healthy companies, which normally would not be targeted as defendants, will be sued because the primary...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 26

McGlinchey Stafford on

Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

Carlton Fields on

As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

Williams Mullen

The Dennis Decision: A Shot Across the Bow for Hospitals

Williams Mullen on

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

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