No Forfeiture for Ordinary Contract Breaches: Staub v. BBVA USA and the Limits of Section 50(a)(6)
Texas High Court Says $25 Million Cap Applies Per Debtor, Not Per Judgment
Temporary Injunction; Enduring Relief: Analyzing the Texas Supreme Court’s Decision in Webb
What the Fifth Circuit’s Latest AI-Sanctions Decision Means
Privilege Underwriters Reciprocal Exchange v. Mankoff
In the Fifth Circuit, a Moral Victory Does Not Justify an Award of Attorney’s Fees
In re Langston: Fifth Circuit Clarifies Rules Affecting, and Defenses to, Claims- Processing Deadlines for Bankruptcy Cases
Fair Credit Reporting Act Overview and Case Update
OVERVIEW OF FAIR CREDIT REPORTING ACT AND CASE LAW UPDATE There has been a consistent increase in Fair Credit Reporting Act (“FCRA”) litigation in recent years despite an overall decline in lawsuits filed pursuant to other consumer protection statutes. Most consumer protection counsel will frequently find themselves handling an FCRA claim or being asked whether […]
Seila Law LLC v. Consumer Financial Protection Bureau: A Question of Constitutionality
The Supreme Court has decided to hear a case challenging the constitutionality of the structure of the Consumer Financial Protection Bureau (“CFPB”). The CFPB was created in 2010 under the Dodd-Frank Act, which provided that the director of the CFPB could be removed by the president for good cause. The petitioner in Seila Law, a debt […]
Attorneys Beware – The FCRA is a Consumer Protection Statute, Not a Mechanism for Greed
Denise Miller v. Trident Asset Mgmt., LLC., et al.; No. 1:18-cv-02538-ADC (Dec. 4, 2019) (Order Granting Defendant’s Motion for Sanctions) In a scathing opinion, the District of Maryland recently awarded attorneys’ fees and costs to Defendant Trident Asset Management for having to defend what it characterized as “Plaintiff’s fraud upon this Court.” Denise Miller v. Trident […]