-
Recent Posts
Recent Comments
dknights on This land ain’t your… dknights on A.I. lawyers? dknights on Favorite legal story of the… dknights on Creative justice dknights on The mess that is our criminal… Archives
- March 2024
- February 2024
- August 2020
- July 2020
- May 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- May 2019
- March 2019
- February 2019
- January 2019
- December 2018
- June 2018
- May 2018
- April 2018
- March 2018
- January 2018
- December 2017
- November 2017
- September 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- September 2016
- July 2016
- May 2016
- April 2016
- January 2016
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- June 2008
Categories
Meta
Monthly Archives: November 2014
Is an unanswered call a “communication”
That is the question answered in this opinion where the court set aside its previous judgment and ruled (correctly IMHO) for the Defendant. I am surprised that an unanswered call could ever be considered a communication under the FDCPA, but … Continue reading
Footnote 4
Read footnote 4 of this opinion. The Plaintiff’s case was probably a loser anyway, but one way to really piss off a court is to look like you are trying to hide the facts that are against you. The Plaintiff’s … Continue reading
FDCPA trials
You don’t see much discussion of the details of FDCPA cases that go to trial. It is actually a pretty rare thing. In this case , from across the river in Indiana, you have a pre-trial ruling on some motions by … Continue reading
Model trains as motive for murder
An interesting case I came across while doing some other research.
Rule 68 offers
Once again we have a court opinion making the point that for a Rule 68 offer to moot a case and deprive the court of jurisdiction, the offer must completely satisfy all requested relief to which the Plaintiff has demanded … Continue reading
Plea bargaining
I detest that so much of the US criminal justice system depends on plea bargains. This is a good summary of my feelings.
I want to know more
A case out of the Western District of Kentucky raises as many questions as it answers. The Plaintiff in the Federal Court case entered into an agreed judgment (AJ) in a state court action. Once the debtor broke the … Continue reading
Going on the offensive
More and more collection attorneys are going on offense when handling FDCPA claims. The provision providing for attorney’s fees for the prevailing party in the FDCPA is a potent weapon and ought to be used more often. See here.
FDCPA and Bankruptcy
The interplay between the FDCPA and the Bankruptcy Code is fertile ground for litigation. The 11th Cir. had previously ruled that filing a Proof of Claim on a time-barred debt was an FDCPA violation. Other District Courts have disagreed. Now, … Continue reading
The Court of Last Resort 