The Appellate Court of Illinois, First District, recently affirmed a trial court’s order denying a tenant’s emergency petition to vacate an eviction following a foreclosure action.
Posts published by “Jacob C. VanAusdall”
Jake VanAusdall is Senior Counsel in the Nashville office of Maurice Wutscher LLP. He practices in the firm’s Consumer Credit Litigation and Commercial Litigation groups predominantly representing financial institutions. Jake also has substantial litigation experience representing clients involved in intellectual property, construction, contract, and business disputes. Jake has been recognized as a “Mid-South Super Lawyers – Rising Star” in the area of Business Litigation (2018-2022), and is a former member of the Tennessee John Marshall American Inn of Court. For more information, see https://mauricewutscher.com/attorneys/jacob-vanausdall/
The Court of Appeal of California (Fourth District) recently reversed a trial court’s dismissal of a putative class action alleging a solar energy system provider violated the Rosenthal Act, California’s parallel version of the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a consumer’s California consumer protection claims based on a consumer survey that purported to show that certain product labels were deceptive.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act lawsuit for lack of Article III standing. In so ruling, the Seventh Circuit held that the debtor’s hiring an attorney and paying an appearance fee, as well as alleged confusion, lost sleep, and emotional distress, were not sufficient to meet the requirements of standing.
In an appeal involving a Chapter 12 bankruptcy, the U.S. Court of Appeals for the Eighth Circuit recently affirmed that the borrower’s use of the 20-year treasury bond rate sufficiently ensured that the total present value of future payments to the lender over the plan period equaled or exceeded the allowed value of the claim.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s $1.7 million attorney fee award to plaintiffs' counsel in a class action because the fee award was not proportional to the amount recovered by the class members.
The U.S. Court of Appeals for the Ninth Circuit recently held that the owner and subscriber of a phone number listed on the Do Not Call Registry suffered an injury in fact sufficient to confer Article III standing when unwanted text messages were sent to the number in alleged violation of the Telephone Consumer Protection Act, even when the owner and subscriber was not the actual user of the phone.
The U.S. Court of Appeals for the Sixth Circuit recently held that a single ringless voicemail is enough to confer standing to a plaintiff under the federal Telephone Consumer Protection Act.
The Appellate Court of Illinois, First District, recently rejected a borrower's arguments that his breach of a forbearance agreement was immaterial, and that the lender was attempting to use the breach for an improper purpose by attempting to recover substantially more than the amount to which it was allegedly entitled.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order allocating class notice costs in the amount of $602,838 to the defendant in a putative class action alleging violations of the federal Telephone Consumer Protection Act.
The District Court of Appeal of Florida, Third District, recently dismissed a putative class action asserting allegedly unwanted text messages under the federal Telephone Consumer Protection Act for lack of standing under Florida law.
The California Court of Appeal, Fourth District, recently held that a party who purchased the collateral property through a homeowners association foreclosure sale is a "successor in interest" under California Civil Code § 2924c, and therefore has the right to cure any payment defaults and reinstate the loan and has standing to bring a wrongful foreclosure action.