The U.S. Court of Appeals for the Sixth Circuit recently held that, because a bank teller paid checks on an account that had insufficient funds by “mistake” and did not take those checks “for value” by issuing replacement “teller’s checks,” the bank was entitled to restitution for the amount of the checks under the Tennessee Commercial Code.
Posts tagged as “Sixth Circuit”
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 U.S. Court of Appeals for the Sixth Circuit recently affirmed a trial court’s decision granting summary judgment and dismissing a mortgagee’s foreclosure action as time-barred under Tennessee law, and rejecting the mortgagee's arguments of oral modification, partial payment, and equitable estoppel, as well as its request for an equitable lien.
The U.S. Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff had Article III standing to sue because his federal Fair Debt Collection Practices Act claim was similar to a common law "intrusion upon seclusion" claim, even though it involved only a single unwanted call.
The U.S. Court of Appeals for the Sixth Circuit recently reversed a trial court's dismissal of a consumer’s federal Fair Debt Collection Practices Act claim, and held that the FDCPA claim actually fell within the statute of limitations.
The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a lender’s RICO claims asserted in connection with a borrower’s default on a $5 million loan.
The U.S. Court of Appeals for the Sixth Circuit recently ruled that a debt collector violated the federal Fair Debt Collection Practices Act when it sued a debtor’s wife to recover her husband’s legal fees under Ohio’s Necessaries Statute.
The U.S. Court of Appeals for the Sixth Circuit recently vacated a trial court's injunction granted to enforce various noncompete, non-solicitation, and confidentiality provisions in a mortgage lender's employment agreement with a loan officer.
The Sixth Circuit recently reversed a trial court's dismissal of a putative class action lawsuit alleging violations of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227(b) (TCPA).
The U.S. Court of Appeals for the Sixth Circuit recently reversed a trial court order granting summary judgment in favor of the defendant on a consumer’s claim that the defendant violated the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Sixth Circuit recently held that 11 U.S.C. § 1307(b) requires a bankruptcy court to dismiss a Chapter 13 bankruptcy petition upon a debtor’s request, even if the debtor filed his or her petition in bad faith.
The U.S. Court of Appeals for the Sixth Circuit recently affirmed dismissal of a consumer’s claims that a retail food store violated the federal Fair and Accurate Credit Transactions Act of 2003’s “truncation requirement” by printing more digits of the consumer’s credit card than permissible by statute.