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Legal Articles: Hinshaw & Culbertson LLP

 







Document(s) published by this organization: 45


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HTMLNorthern District of Alabama Attempts to Narrow TCPA Definition of ATDS
Hinshaw Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 14, 2013
In Hunt v. 21st Mortgage Corp., the plaintiff pursued TCPA claims against defendant debt collector, alleging that it used an "automatic telephone dialing system" to place calls to him and that it made "numerous calls by illegal prerecorded messages." During discovery, plaintiff...

 

HTMLLitigious Pro Se Mortgage Foreclosure Defendants Fined by Illinois Appellate Court to Deter Similar Conduct by Future Litigants
Hinshaw Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 14, 2013
Comparing the pro se defendants' strategy to "paper terrorism," the Illinois Appellate Court First District recently affirmed the judgments of a foreclosure court, which found in favor of the mortgage lender and granted the lender its attorneys' fees. The court also separately directed...

 

HTMLInsurer Owes No Coverage Due to Lawyer's Failure to Report a Potential Claim
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 4, 2013, previously published on October 2, 2013
Plaintiff, an insured attorney, filed a complaint against defendant, his professional liability insurer, seeking a declaratory judgment and damages arising from its alleged breach of its contractual duty to defend him and of Pennsylvania's bad faith statute. The insured moved for summary judgment,...

 

HTMLFlorida's 2d District Court of Appeals Creates Conflict by Using Efficient Proximate Cause Doctrine
Kristina L. Marsh; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 23, 2013
The Florida Second District Court of Appeals recently held that in a first-party property case where the damage was caused by more than one peril, an efficient proximate cause theory should be applied to determine whether the damage is covered. American Home Assurance Co., Inc. v. Sebo, No....

 

HTMLTwo-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 18, 2013
The Illinois First District Appellate Court held that Illinois' two-year statute of limitations in 735 ILCS 5/13-214.3(b) applies to legal malpractice claims but is not restricted to those claims, and applies to actions arising out of provision of legal services.

 

HTMLCourt Rejects Bona Fide Error Defense by Landlord Law Firm
Terrence P. McAvoy, Concepcion A. Montoya; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
In a case brought by plaintiff tenant under the Fair Debt Collection Practices Act (FDCPA), the U.S. District Court for the Southern District of New York recently denied defendant law firm's bona fide error defense arising from an unintentional misrepresentation by the law firm's client of the...

 

HTMLReargument in K2 May Provide the New York Court of Appeals with an Opportunity for a Correction
Sina Bahadoran, Todd M. Davis; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 20, 2013
In K2 Inv. Grp., LLC v. Am. Guarantee & Liab. Ins. Co., 21 N.Y.3d 384 (N.Y. June 11, 2013), the New York Court of Appeals announced that once an insurer breaches its duty to defend, it loses its right to assert exclusions on indemnity. Essentially, the insurer is penalized for its wrongful...

 

HTMLSupreme Judicial Court of Massachusetts Clarifies Title Insurance Company's Duty to Defend and Narrows the Scope of Title Insurance Coverage
Justin M. Fabella; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 12, 2013
In GMAC Mortgage, LLC v. First American Title Insurance Company, 464 Mass. 733 (Apr. 4, 2013), an insured mortgagee brought claims against a title insurer, seeking to recover attorneys' fees and costs that stemmed from defending against an underlying lawsuit claiming a covered title defect, but...

 

HTMLDistrict Court in Colorado Found Consent Under the TCPA Should Be Imputed
Hinshaw Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
The U.S. District Court for the District of Colorado recently held that prior express consent should be imputed to a debt collector, and when given, cannot be effectively withdrawn. Chavez v. Advantage Group, No. 12-cv-02819-REB-MEH (D. Co. Aug. 5, 2013).

 

HTMLThe Third Circuit Holds TCPA Permits Revocation of Prior Express Consent at Any Point After It Is Given
Hinshaw Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 16, 2013
The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to hold that the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 et al., permits a consumer to revoke prior express consent to be contacted on his or her cellular telephone line via an...

 


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