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July 15, 2021 | Delaware Business Court Insider

Court Limits Case Over Unwanted Communications to Prerecorded Calls, Citing No Autodialer Evidence

Federal Judge Stephanos Bibas said a pro se plaintiff didn't properly argue some of the calls he received were made by autodialing devices.
3 minute read
July 15, 2021 | New York Law Journal

Privately Issued Student Loans May Be Discharged in Bankruptcy, 2nd Circuit Rules

A unanimous panel of the Manhattan-based appeals court held that the loans did not qualify as the type of "educational benefit" that can be exempted from discharge under federal statute.
4 minute read
June 28, 2021 | Law.com

Update on Business Bankruptcy Legal Fees and Professionalism

A review of recent cases shows that poor billing judgment and unreasonable billing have been with us for decades.
9 minute read
Allen v. United Student Aid Funds Inc.
Publication Date: 2021-06-04
Practice Area: Civil Procedure | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for the Southern District of New York, U.S - SDNY
Judge: District Judge Vernon Broderick
Attorneys:
For plaintiff: Pro Se Plaintiff: Hepzibah Z. Allen, New York, New York.
For defendant: Counsel for Defendant United Student Aid Funds, Inc.: Silvia L. Serpe, Serpe Ryan LLC, New York, New York. Counsel for Defendant Navient Solutions, LLC: Dustin Peter Mansoor, Houser & Allison, APC, New York, New York. Counsel for Defendants Navient Solutions, LLC, Pioneer Credit Recovery, Inc., and Navient: Cherry Hill, New Jersey, Eric Matthew Hurwitz, New York, New York, Jacqueline Marie Aiello, Stradley Ronon Stevens & Young, LLP.
Case number: 17-CV-8192

Denial of Debtor's Second Bid to Reconsider FDCPA Action's Dismissal Is Explained

In re Navient Solutions LLC
Publication Date: 2021-05-28
Practice Area: Attorney Compensation
Industry:
Court: U.S. District Court for the Southern District of New York
Judge: Judge Martin Glenn
Attorneys:
For plaintiff: Attorneys for Navient Solutions, LLC By: Stephen Hessler, Esq., Chad J. Husnick, Esq., Jennifer Levy, Esq., AnnElyse Scarlett Gains, Esq., Kirkland & Ellis LLP, New York, NY.
For defendant: Attorneys for Navient Solutions, LLC By: Thomas M. Farrell, Esq., K. Elizabeth Sieg, Esq., Joseph Florczak, Esq., Shawn R. Fox, Esq., McGuirewoods LLP, Richmond, VA. Attorneys for the Petitioning Creditors By: Austin C. Smith, Esq., Smith Law Group LLP, New York, NY. Attorneys for Public Interest Capital, LLC By: Michael B. Wolk, Esq., Law offices of Michael B. Wolk, P.C., New York, NY. By: Andrea B. Schwartz, Esq., Office of the United States Trustee, New York, NY.
Case number: 21-10249

Court Awards Requested Attorneys' Fees and Costs in Substantially Reduced Amounts

Neversink General Store v. Mowi USA LLC
Publication Date: 2021-05-19
Practice Area: Civil Procedure | Consumer Protection
Industry: Food and Beverage
Court: U.S. District Court for the Southern District of New York, U.S - SDNY
Judge: District Judge Paul Engelmayer
Attorneys:
For plaintiff:
For defendant:
Case number: 20 Civ. 9293

Maine Suit's Plaintiffs Cannot Intervene in Suit Over Seafood Firm's Misrepresentations

Franklin v. Navient, Inc.
Publication Date: 2021-05-05
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys:
For plaintiff: Ricky R. Franklin, Stockbridge, GA, pro se plaintiff.
For defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE for defendant.
Case number: D69384

Supreme Court's striking down of the government debt exception to Telephone Consumer Protection Act ban on robocalls as unconstitutional rendered the law void, such that defendant could not rely on that law to avoid liability.

Feldman v. Comp Trading LLC
Publication Date: 2021-03-18
Practice Area: Business Torts | Cybersecurity | Trade Secrets
Industry:
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Rachel Kovner
Attorneys:
For plaintiff:
For defendant:
Case number: 19-CV-4452

SCA, CFAA Claims Pleaded Where 'Cloud' Accessed to Steal Communications, Trade Secrets

In re: Navient Solutions LLC
Publication Date: 2021-03-12
Practice Area: Bankruptcy | Creditors' and Debtors' Rights
Industry:
Court: U.S. Bankruptcy Court, U.S - SDNY
Judge: Bankruptcy Judge Martin Glenn
Attorneys:
For plaintiff: Attorneys for Navient Solutions, LLC By: Stephen Hessler, Esq., Chad J. Husnick, Esq., Jennifer Levy, Esq., AnnElyse Scarlett Gains, Esq., Kirkland & Ellis LLP, New York, NY.
For defendant: Attorneys for Navient Solutions, LLC By: Thomas M. Farrell, Esq., K. Elizabeth Sieg, Esq., Joseph Florczak, Esq., Shawn R. Fox, Esq., McGuirewoods LLP, Richmond, VA. Attorneys for the Petitioning Creditors By: Austin C. Smith, Esq., Smith Law Group LLP, New York, NY. Attorneys for Public Interest Capital, LLC By: Michael B. Wolk, Esq., Law Offices of Michael B. Wolk, P.C., New York, NY. By: Andrea B. Schwartz, Esq., Office of the United States Trustee, New York, NY.
Case number: 21-10249

Dismissal of Involuntary Petition Alleging Discharge Violations by Navient Is Explained

Appellate Division, Second Department:February 3, 2021
Publication Date: 2021-02-05
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department:February 3, 2021

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