The California Court of Appeal, Second District, recently granted a lender’s petition for a writ of mandate compelling the trial court to vacate its order granting the borrower’s petition to compel arbitration.
Posts published by “Daniel Miller”
Daniel Miller is an associate in the Chicago office of Maurice Wutscher LLP, practicing in the firm’s Consumer Credit Litigation and Commercial Litigation groups. Daniel has substantial experience as a litigation attorney representing clients in both individual and class action cases involving the FDCPA, TCPA, FCRA, TILA, RESPA, Illinois Consumer Fraud Act, and various other federal and state statutes. He also has experience in representing corporate clients in commercial transactions and executive compensation agreements. Daniel earned his Juris Doctor from the University of Illinois College of Law, and his Bachelor of Arts in History from Durham University in the United Kingdom. He is admitted to practice law in Illinois and the U.S. District Courts for the Northern District of Illinois and the Southern District of Illinois.
The U.S. Court of Appeals for the Ninth Circuit, en banc, recently affirmed in part and reversed in part a trial court’s partial grant and partial denial of a bank’s motion to dismiss the City of Oakland’s claims under the federal Fair Housing Act.
The U.S. Court of Appeals for the Third Circuit recently affirmed lower court rulings that a bankrupt debtor was entitled to receive damages and attorneys’ fees for a creditor's violation of the automatic stay in bankruptcy.
The U.S. Court of Appeals for the Seventh Circuit recently reversed and remanded a trial court’s entry of summary judgment in favor of the plaintiff alleging violations of the federal Fair Debt Collection Practices Act with instructions to dismiss the case for lack of subject matter jurisdiction.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court's denial of class certification, concluding that (1) the plaintiffs' nationwide class action complaint alleged violations of the Minnesota Consumer Fraud Act, and thus rebuttal evidence was permitted; (2) the defendant company had evidence challenging the extent to which each plaintiff allegedly relied on the alleged omissions; and (3) individualized findings on reliance were therefore required, which would likely lead to multiple mini-trials within the class action.
The Court of Appeal of California, Second District, recently denied a petition for writ of mandate on the merits, concluding that California Labor Code section 229 did not exempt the plaintiff loan processor's wage claim from arbitration.
The U.S. Court of Appeals for the Seventh Circuit recently reversed the dismissal of a plaintiff’s complaint alleging supposed violations of the federal Telephone Consumer Protection Act and the Illinois Automatic Telephone Dialing Act, concluding that the plaintiff alleged enough of an agency relationship between the defendants and the entities that placed the subject calls for the complaint to move forward.
The U.S. Court of Appeals for the Second Circuit recently vacated a trial court's grant of summary judgment to the plaintiff in an action to quiet title for a property subject to a mortgage. While the appeal was pending for this matter, an intervening ruling in the New York Court of Appeals undermined the reasoning of the trial court. Therefore, the Second Circuit vacated the trial court’s judgment and remanded the case for further proceedings.
The Appellate Court of Illinois, First District, recently affirmed a trial court’s order appointing a receiver as to a mixed-use property in foreclosure, because the foreclosing mortgagee established a reasonable probability that it would prevail in a final hearing and the defendant mortgagors failed to show good cause as to why a receiver should not be appointed.
The California Court of Appeal, Fourth Appellate District, recently held that a trial court erred in ruling that several borrowers' claims were precluded by a prior unlawful detainer judgment entered against them following the foreclosure sale of their home.
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court's decision to remand a removed action to state court under the local-controversy exception to the federal Class Action Fairness Act of 2005 (CAFA).
The California Court of Appeals for the Fifth Appellate District recently reversed a trial court's ruling under the California Code of Civil Procedure section 473 to set aside a default and a judgment quieting title against a mortgagee that had foreclosed and acquired title to the subject property.