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Posts published by “Allan Enriquez”

Allan Enriquez is an experienced litigator based in Maurice Wutscher's Chicago office. Allan has worked at law firms in Chicago and Los Angeles, where he has represented businesses and law firms in complex commercial, professional liability, products liability, insurance defense, and civil rights matters, among others. These matters were venued throughout the country including California, Illinois, Georgia, New York, Puerto Rico, and Kansas. Allan has briefed and argued substantive motions in state courts and has briefed issues of first impression in the U.S. Court of Appeals for the Seventh Circuit. He has negotiated cases in private mediation to successful results for his clients and is well versed in all aspects of discovery, including taking depositions. Allan graduated from the University of Michigan with a Bachelor of Arts in Political Science and Philosophy. He subsequently earned his Juris Doctor from UCLA School of Law. While in law school, Allan worked for a major media corporation on licensing agreements and he was an extern for the Hon. Dolly M. Gee of the U.S. District Court for the Central District of California.

Fla. App. Court (5th DCA) Holds Noncompliance with FHA Requirement Need Not Be Pleaded as Affirmative Defense in Foreclosure

The District Court of Appeal of Florida, Fifth District, recently ruled that a specific denial that a mortgagee complied with HUD’s pre-foreclosure regulations that were incorporated into the mortgage was a denial of a condition precedent to foreclosure that shifted the burden to the mortgagee…

11th Cir. Holds CAFA Jurisdiction Remains Even When Class Claims Are Dismissed Before Certification

The U.S. Court of Appeals for the Eleventh Circuit recently held that federal courts that have original subject matter jurisdiction over state law claims under the federal Class Action Fairness Act retain that jurisdiction even when the class claims are dismissed before the class is…

11th Cir. Holds Bank’s Failure to Stop Theft of Deposit Funds Could Constitute ‘Aiding and Abetting’

The U.S. Court of Appeals for the Eleventh Circuit recently held that a noncustomer pleaded sufficient facts to bring state law negligence and fraud causes of action against a bank when a bank customer engaged in the fraud. In so ruling, the Court held that…

Illinois App. Court Rejects Foreclosure Borrower’s Challenge to Service by Publication

The Appellate Court of Illinois, First District, recently held that a mortgagee’s affidavits detailing the due and diligent inquiry it undertook to attempt to personally serve a borrower were sufficient to allow service by publication in a mortgage foreclosure action. A copy of the opinion…

6th Cir. Rejects Debt Collector’s Efforts to Distinguish Campbell-Ewald Following Offer of Judgment Success in Trial Court

Applying Campbell-Ewald, the U.S. Court of Appeals for the Sixth Circuit revived a consumer plaintiff’s ability to proceed with a putative class action, holding that an unaccepted offer of settlement or judgment generally does not moot a case, even if the offer would fully satisfy…

Fla. App. Court (1st DCA) Dismisses Foreclosure Due to Trial Court’s Lack of Jurisdiction

The District Court of Appeal for the First District, State of Florida recently ordered the dismissal of a foreclosure action because it held that the trial court’s jurisdiction expired prior to the entry of the judgment of foreclosure in the case. The Appellate Court held…

9th Cir. Holds Car Dealer Failed to Provide ‘Completed Inspection Report’ as to ‘Certified’ Used Car

The U.S. Court of Appeals for the Ninth Circuit recently held that a car dealership inspection certificate violated California statutory law that required that a vehicle seller provide a “completed inspection report” prior to the sale of any “certified” used car. In so ruling, the…