News & Analysis as of

Midland Funding Supreme Court of the United States

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Allen Matkins

Does “Valid When Made” Apply To Evidences Of Indebtedness Qualified Under The CSL?

Allen Matkins on

Many have expressed disappointment that the U.S. Supreme Court denied certiorari in Midland Funding, LLC v. Madden. The question presented by the petitioners in the case was as follows...more

Manatt, Phelps & Phillips, LLP

Midland Has Appealed to the U.S. Supreme Court

Madden v. Midland Funding, an important court case for marketplace lending may now be heard at the Supreme Court. We have been following the Madden v. Midland Funding case as it makes its way through the court system....more

Orrick - Finance 20/20

Case Update: Madden v. Midland Funding

Orrick - Finance 20/20 on

As expected, today, November 10, 2015, Midland Funding filed a petition for a writ of certiorari in the United States Supreme Court, asking the Court to review the Second Circuit’s ruling in Madden v. Midland Funding, that...more

Orrick - Finance 20/20

Case Update: Madden v. Midland Funding

Orrick - Finance 20/20 on

On May 22, 2015, the U.S. Court of Appeals for the Second Circuit held in Madden v. Midland Funding that the federal preemption provision of the National Bank Act, 12 U.S.C. § 85, could not be invoked by a non-national bank...more

Cadwalader, Wickersham & Taft LLP

The Second Circuit Denies Midland’s Request For Rehearing On Its Decision That Upended Longstanding Principles of Lending Law

On August 12, 2015, the United States Court of Appeals for the Second Circuit denied Midland Funding, LLC and Midland Credit Management (collectively, “Midland”)’s petition for panel rehearing, or, in the alternative,...more

Burr & Forman

FDCPA Bona Fide Error Defense Held Applicable to Statute-of-Limitation Mistakes of Law

Burr & Forman on

Following the Supreme Court’s ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010), it is clear that the bona fide error defense set forth in section 1692k(c) of the Fair Debt Collection...more

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