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Legal Articles: Burr & Forman LLP

 







Document(s) published by this organization: 115


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HTMLCurrent Ethanol Blending Mandate Generates Interesting Opponents and Forces Delay
Ronald W. Farley; Burr & Forman LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
An increasingly pitched battle between business and agricultural interests over the blending of ethanol in gasoline has turned its focus to EPA’s rulemaking mandate which sets the minimum volume of renewable fuel sold annually in the U.S. This Renewable Fuel Standard (RFS) has drawn...

 

Adobe PDFIn re Brown: Replacement Value Applies Even When Debtor Surrenders Property
Ellen C. Rains; Burr & Forman LLP;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C). The Eleventh Circuit's decision in In re Brown has an...

 

HTMLThe World Cup of Non-Competes
Peter C. Vilmos; Burr & Forman LLP;
Legal Alert/Article
July 31, 2014, previously published on July 11, 2014
Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana and Germany had to choose allegiance to only one nation rather than play...

 

HTMLEleventh Circuit Holds Only a Cell Phone Subscriber and Not the “Intended Recipient,” May Provide “Prior Express Consent” for TCPA Claims
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 28, 2014, previously published on July 22, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...

 

Adobe PDFCourt Rejects Vicarious Liability Under Georgia Boating Law
Erin C. Howell, John P. Kavanagh; Burr & Forman LLP;
Legal Alert/Article
July 28, 2014, previously published on July 23, 2014
The State Court of Dekalb County, Georgia recently held that companies operating in the boat rental business cannot be held vicariously liable for the negligent acts of their rental customers. Carol Morris v. Yaaqov Avihasira, et al., Civil Action File No. 11A-39187-4 (Order dated 7/31/14). In the...

 

HTMLTexas District Court Addresses Prior Express Consent
Zachary D. Miller; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 8, 2014
In Cherkaoui v. Santander Consumer USA, Inc., No. 4:13-cv-00467 (S.D. Tex. May 23, 2014), the U.S. District Court for the Southern District of Texas examined how a creditor may obtain “prior express consent” from a borrower and the level of evidence necessary for a borrower to survive...

 

HTMLEleventh Circuit Holds That Filing a Proof of Claim in Bankruptcy on a Time-Barred Debt Violates the FDCPA
Rachel R. Friedman, Alan D. Leeth; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 15, 2014
In Crawford v. LVNV Funding, LLC, the Eleventh Circuit became the first federal circuit court of appeals to hold that filing a proof of claim on a time-barred debt in a bankruptcy case violates the Fair Debt Collection Practices Act (“FDCPA”). See No. 13-12389, --- F.3d ---, 2014 WL...

 

HTMLSecond Circuit Holds Mortgagor’s Written Request for Information Does Not Qualify as a QWR When Not Sent to the QWR Designated Address
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting various mortgage related information sent by her lawyer, the mortgagor’s RESPA claim was properly dismissed on the basis that her...

 

HTMLRos v. Lasalle Bank: Southern District of Florida Applies New Florida DCA Case Law to Dismiss Quiet Title Suit Based on Statute of Limitations Allegations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Ros v. Lasalle Bank, N.A., et al., 14-CIV-22112-BLOOM/VALLE (S.D. Fla. July 18, 2014) the Southern District of Florida became the first United States District Court to apply the holding in Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342 (Fla. 4th DCA 2014) regarding efforts...

 

HTMLEleventh Circuit Holds Consumers May Revoke “Prior Express Consent” Under the TCPA Either Orally or in Writing
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 22, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...

 


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