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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)...

 

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....

 

HTMLOctober 1 Deadline Approaching for Employers to Issue "Notice of Coverage Options" to Employees
Anthony E. Antognoli; Hinshaw & Culbertson LLP;
Legal Alert/Article
September 26, 2013, previously published on September 12, 2013
The Affordable Care Act (ACA) imposes on employers various new obligations that are to take effect over the next several years. Employers received some measure of relief with the surprise announcement of a one-year delay in the enforcement of the employer mandate until January 1, 2015. Other...

 

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.

 

HTMLNew York District Court Denies Bona Fide Error Defense for Unintentional Misrepresentation of Amount Owed
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...

 

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...

 

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).

 


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