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  • Nelson-Cole v. Bank of Am., N.A.

    Publication Date: 2023-01-09
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Levin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 210901087

    Court affirmed the decision of the trial court granting defendant's motion to dismiss on the basis that plaintiff failed to cure multiple deficiencies in their first and second amended complaint. While the court noted that pro se plaintiffs should be held to a less stringent standard, the court agreed that plaintiff had been granted enough leeway to cure the deficiencies in the complaint and failed to do so.

  • Calvary SPV I, LLC v. Buckholder

    Publication Date: 2023-01-02
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2231 of 2014, G.D.

    The court granted defendant's motion for summary judgment on the grounds that plaintiff failed to produce sufficient evidence under Pa.R.C.P. 1035.3(2) to establish that there was an agreement between the parties, nor that any debt was owed.

  • Berrian v. Midland Credit Mgmt., Inc.

    Publication Date: 2023-01-02
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:22-cv-02084-JDW

    Fair Debt Collection Practices Act claims failed where debtor failed to present evidence showing that debt collector had made false or misleading statements in its communications or had failed to comply with its obligations when attempting to collect debt from debtor. Defendant's motion for summary judgment granted.

  • Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc.

    Publication Date: 2023-01-02
    Practice Area: Administrative Law
    Industry: Financial Services and Banking | Federal Government | Technology Media and Telecom
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00074

    The court affirmed the judgment of the Superior Court denying a motion to enforce orders vacating receivership and requiring restoration of assets for claims arising out of a Federal Communications Commission litigation. Although appellants argued the matter should be overturned due to the court's failure to make appropriate findings of fact, the court noted that under Federal Law, the FCC was not subject to the court's jurisdiction and therefore the court was not required to make findings of fact or retain jurisdiction over the FCC's

  • A.G. Shapiro v. Snap Fin., LLC

    Publication Date: 2022-12-26
    Practice Area: Discovery
    Industry: Financial Services and Banking | Legal Services | State and Local Government
    Court: Courts of Common Pleas, Philadelphia
    Judge: Judge Fletman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01529

    The questions the commonwealth sought to ask defendants' witness regarding sources of information relied upon in making a verification, including the identity of records custodians and persons consulted in verifying information and securing documents, were not protected by attorney-client privilege or the work-product doctrine. The court recommended affirmance.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Reg'l Produce Coop. Corp. v. TD Bank, N.A.

    Publication Date: 2022-12-26
    Practice Area: Commercial Law
    Industry: Financial Services and Banking | Agriculture | Distribution and Wholesale
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1883

    Bank filed for summary judgment in plaintiff's common law negligence, negligence under the UCC, conversion of instruments under the UCC, and aiding and abetting conversion based on plaintiff's CEO's embezzlement scheme and court found plaintiffs' statutory negligence claims were barred as to all transactions prior to Aug. 16, 2017 based on the statute of repose in 13 Pa.C.S. §4406(f), UCC displaced plaintiff's common law negligence claim and its conversion claim was barred. Motion granted in part and denied in part.

  • Newtek Small Bus. Fin., LLC v. Texas First Capital, Inc.

    Publication Date: 2022-12-26
    Practice Area: Commercial Law
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2461

    Defendant moved to dismiss plaintiff's action alleging conversion, fraudulent conveyance and tortious interference with contract and seeking a declaratory judgment that it held a perfected first line security interest in debtor's accounts receivable and court dismissed plaintiff's request for declaratory relief because the UCC provided that a transferee of funds from a deposit account took the funds free of a security interest in the account unless there was collusion and plaintiff failed to plead any specific facts to show collusion

  • Gwiazda v. LVNV Funding, LLC

    Publication Date: 2022-12-12
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kenney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-00698

    Fair Debt Collection Practices Act claim failed where debtor could not impose liability on debt collector merely because the debt collector had failed to present sufficient evidence in an underlying debt collection lawsuit that the collector held a valid assignment of the debt account. Plaintiff's motion for reconsideration denied.

  • Caterpillar Fin. Serv. Corp. v. Get 'Er Done Drilling, Inc.

    Publication Date: 2022-12-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Construction
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 202 WDA 2021

    Trial court properly granted summary judgment where it could consider affidavits from undisclosed witnesses and losing party's witness failed to provide countervailing evidence where he failed to provide his credentials to establish himself as a valuation expert or disclose the source of the facts underpinning his opinion. Judgment of the trial court affirmed.

  • Hine v. LendingClub Corp.

    Publication Date: 2022-12-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | E-Commerce
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Eddy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:22-CV-00362-CRE

    Court declined to compel arbitration where there were genuine issues of material fact regarding the validity of an arbitration agreement or whether plaintiff had provided unambiguous assent to the agreement. Defendant's motion to compel arbitration denied without prejudice.

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