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Putative class action against Amazon transferred
Where a woman suing Amazon for allegedly deceptive trade practices consented to the exclusive jurisdiction and venue for all claims in Washington state when she signed up for her account, and the public factors favored transfer, the suit was transferred to that federal district court. Background This is a putative class action alleging that defendants’ […]
Landlords’ law firm is ‘debt collector’
A law firm that sent delinquency notices to tenants for multiple landlords was engaged in debt collection regulated by the Fair Debt Collection Practices Act, or FDCPA, the Western District of Virginia has ruled. The law firm claimed its clients were the only “debt collectors” regulated by the FDCPA because each landlord reviewed and electronically […]
Lender dodges Military Lending Act lawsuit
Where a proposed class action was filed against a lender for allegedly violating the Military Lending Act, but the majority of the challenged transactions were time-barred, and the remaining challenged transactions failed to state a claim, the suit was dismissed. Background Plaintiffs brought this proposed class action against Omni Financial of Nevada Inc. for violations […]
Debt collector was not registered with SCC
Where a company filed suit to collect a debt allegedly owed by a consumer, but it was not registered with the Virginia State Corporation Commission, or SCC, at the time, the consumer sued the company for violating the Fair Debt Collection Practices Act, or FDCPA. Background According to the complaint, Jacqueline Goodall allegedly incurred a […]
Law firm for landlords is ‘debt collector’ under FDCPA
Where a law firm drafted, processed and sent delinquent rent notices, that was “debt collection” activity that subjected it to the requirements of the Fair Debt Collection Practices Act. Background This matter is before the court on plaintiffs’ motion for partial summary judgment and Senex Law PC’s motion for summary judgment. At issue is whether […]
Court lacks jurisdiction over suit against insurer
Where a doctor alleged an insurance company failed to fairly compensate him for his services, and the insurance company removed the suit to federal court and argued the claim was preempted by the Employee Retirement Income Security Act of 1974, the suit was remanded. The doctor lacked standing to assert claims under ERISA. Background On […]
Woman gets judgment against dealer, repair shop
Where the purchaser of a motor vehicle showed that the seller and an affiliated repair shop failed to make disclosures required by the Truth in Lending Act and violated the Virginia Consumer Protection Act and Virginia usury law, she was awarded actual damages, statutory damages and attorney’s fees. Background This matter comes before the court […]
Suit transferred to Maryland because of first-to-file rule
Where a woman filed a class action complaint alleging a company violated federal and Virginia telemarketing rules, but there were already two putative class actions pending in Maryland federal court against the same defendant, raising the same allegations and seeking almost identical classes, this suit was transferred to Maryland. Background Mary Gonzalez has filed this […]
‘Express purpose’ not ‘sole purpose
The 4th U.S. Circuit Court of Appeals has upheld the dismissal of a military servicemember’s claim that the financing of additional insurance as part of his car loan wasn’t for “the express purpose” of purchasing the car and, thus, was subject to the Military Lending Act, or MLA. On appeal, the servicemember argued that the […]
Lender dodges Military Lending Act claim
Where a military serviceman alleged a loan violated the Military Lending Act, but the Act doesn’t apply where the loan is “for the express purpose” of financing a car purchase, the claim was dismissed. Although the loan was also for extra insurance, “for the express purpose” means merely “for the specific purpose,” and not “for […]
Google fails to transfer antitrust suit to SDNY
Where Google argued an antitrust suit brought by the United States and eight state plaintiffs should be transferred to the Southern District of New York, or SDNY, where over two dozen antitrust actions relating to Google’s presence in the online advertising technology industry have been transferred and consolidated by the Judicial Panel on Multidistrict Litigation […]
No Article III standing over man’s SSN lawsuit
Where a man alleged that South Carolina’s Financial Identity Fraud and Identity Theft Protection Acts were violated when he was required to enter six digits of his social security number, or SSN, to access certain information, but he never alleged any facts plausibly suggesting that doing so raised his risk of identity theft, the mere […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
