Home > Burr & Forman LLP > Legal Library

Legal Articles: Burr & Forman LLP

 







Document(s) published by this organization: 122


View Page: 1  2  3  4  5  6  7  8  9  10  Next  >>
Show: results per page
Sort by:

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLEvergrene Partners v. CitiBank: Florida District Court of Appeal Affirms Dismissal Complaint to Cancel Mortgage Based Upon Statute of Limitations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342, 2014 WL 2862392 (Fla. 4th DCA June 25, 2014) Florida’s Fourth District Court of Appeal affirmed dismissal of a complaint which sought to cancel a residential mortgage by alleging that the statute of limitations had run...

 

Adobe PDFReverse Churning: Don't Fall Asleep at the Wheel
Benjamin B. Coulter, Rhett Owens; Burr & Forman LLP;
Legal Alert/Article
July 17, 2014, previously published on July 10, 2014
It is obvious that broker-dealers and their registered representatives, and investment advisors, must be careful in making recommendations to clients. But the recent increase in regulatory interest relating to inaction in a client account should also give pause to members of the securities...

 

Adobe PDFPresident Obama Plans to Sign LGBT Anti-Discrimination Executive Order
H. Carlton Hilson; Burr & Forman LLP;
Legal Alert/Article
July 15, 2014, previously published on July 2014
President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent reports. "The President, following on his pledge for this to...

 


View Page: 1  2  3  4  5  6  7  8  9  10  Next  >>