A lawyer accused of unfair debt collection is protected by the “bona fide error defense,” even though he persisted in seeking attorney fees under an invalid contract, a federal appeals court panel has ruled. The 4th U.S. Circuit Court of Appeals affirmed a court victory for an Alexandria lawyer who sought to collect for nursing [...]
Fourth Circuit boosts protections for bill collectors
July 17th, 2012 · Comments Off · 4th Circuit, Civil Cases
Tags:Alexandria·consumer protection
Court approves $10M Fair Credit settlement
June 15th, 2011 · Comments Off · Civil Cases, U.S. District Court
Yesterday a Harrisonburg U.S. District Court approved a $9.95 million settlement in a consumer protection class action against Bank of America under the Fair Credit Reporting Act. U.S. District Court Samuel G. Wilson also approved over $1.8 million in attorney’s fees and costs to the attorneys for the plaintiff class, led by Newport News lawyer [...]
Tags:Attorney's fees·consumer protection·Harrisonburg·Million-Dollar Settlements
Failure to understand ‘offer of judgment’ costly to defendant
May 20th, 2011 · Comments Off · Civil Cases, U.S. District Court
An offer of judgment is different from a settlement, and a federal magistrate judge has awarded attorneys’ fees against a defendant who failed to appreciate the distinction. Once an offer of judgment is accepted, a plaintiff is free to file notice of the agreement with the federal clerk’s office which “must” enter it, Magistrate Judge [...]
Tags:consumer protection
Got a lawsuit?
June 24th, 2008 · Comments Off · 4th Circuit
A doctors’ group can’t sue dairy companies that claim milk promotes weight loss under Virginia consumer protection laws, the 4th U.S. Circuit Court of Appeals ruled June 19. One print ad for the “Milk Your Diet” angle of the ubiquitous “Got Milk?” campaign featured a svelte Brooke Shields sporting a milk moustache beside revised text [...]
Tags:consumer protection
