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Hinshaw & Culbertson LLP Document Search Results (33)

 

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HTMLLocal Counsel in Iowa Required to Function as "Co-counsel"
Calon Russell; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 13, 2013
Iowa Ethics Opinion 13-02 requires an Iowa lawyer who sponsors the pro hac vice admission of an out-of-state lawyer to avoid subservience to the out-of-state lawyer and to effectively act as co-counsel with the out-of-state lawyer.

 

HTML7th Circuit Holds that Collection Suits Were Filed in Proper Venue
Andrew M. Schneiderman; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
In March 2012 defendant filed, and won, a collection suit in the Pike Township small claims court, located in Marion County. Plaintiff lived one county over from Marion County. Though plaintiff incurred the debt in Marion County, he did so in Lawrence Township not in Pike Township. Plaintiff...

 

HTMLDistrict Court in Illinois Dismisses Case Based on Interest Waiver Theory
Alexandra Kotelon; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
In Swafford, plaintiff incurred a debt on his credit card from Citibank. Collections were initiated by Unifund. Several collection notices were sent to plaintiff, and a suit was filed against him in Illinois state court. Plaintiff learned that the debt was accruing interest since it was charged...

 

HTMLRejecting Res Judicata Argument, Sixth Circuit Reverses Judgment for Debt Collector, But Finds that Debtor Lacks Standing
Marka Belinfanti, Elizabeth K. Devine; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
Plaintiff sued debt collector, defendant DH Capital Management ("DHC"), alleging that DHC violated the FDCPA and Kentucky's usury laws by attempting to collect a debt to which it was not legally entitled.

 

HTMLWashington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel
Hinshaw Culbertson LLP;
Legal Form
November 8, 2013, previously published on November 6, 2013
A title insurer filed a legal malpractice action against the law firm it had hired to defend its insured from a claim of lien priority on real property by a construction company. The trial court granted summary judgment in favor of law firm, and the insurer appealed. The Supreme Court of Washington...

 

HTMLFormer Clients Who Are Indigent May Be Excused From Paying Arbitration Fees
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 31, 2013, previously published on October 29, 2013
Former clients, who had reluctantly settled the underlying action, filed an action against their former lawyers, alleging, inter alia, financial elder abuse, conversion and breach of fiduciary duty. After the attorneys were partially successful in compelling arbitration, the clients, who had been...

 

HTMLExpert's Opinion That Settlement Was Inadequate Was Insufficient To Establish Damages
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 24, 2013, previously published on October 23, 2013
The Texas Supreme Court held that although expert testimony was appropriate to establish an inadequate settlement in a mass tort case, the plaintiffs' expert’s testimony was conclusory. Although the court acknowledged that plaintiffs' expert witness was an experienced attorney and qualified,...

 

HTMLOSHA Proposes New Silica Occupational Exposure Rule
Jason S. Bentley, Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 22, 2013, previously published on October 21, 2013
The U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") recently announced a newly proposed rule centered on curbing lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in relation to crystalline silica exposure in various...

 

HTMLRepeated Disclosure as Debt Collector Not Needed According to New York District Court
Hinshaw Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 14, 2013
In Majerowitz v. Stephen Einstein & Associates, P.C., 2013 WL 4432240 (E.D.N.Y. Aug. 15, 2013), the U.S. District Court for the Eastern District of New York held plaintiff's case frivolous and found that defendant's voicemails omitting a mini-Miranda disclosure did not violate Section 1692e(11)...

 

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...

 


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