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  • Machles v. McCabe, Weisberg, & Conway, P.C.

    Publication Date: 2017-12-19
    Practice Area: Creditors' and Debtors' Rights
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1830

    Alleged misrepresentations in formal pleadings by law firm retained to collect debt could be subject to FDCPA claim since least sophisticated debtor could rely on such pleadings in deciding how to resolve debt, and could permit purported debtholder to collect money it was not legally entitled to. Defendants motion to dismiss granted in part and denied in part.

  • Palmer v. Twin City Fire Ins. Co.

    Publication Date: 2017-12-12
    Practice Area: Insurance Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1818

    Trial court granted insurers motion for summary judgment, in plaintiffs action asserting a failure to defend in an underlying action arising from plaintiffs action in filing a conservatorship petition, because insurers insured civic organization was dismissed from the underlying action with prejudice, plaintiff was not an officer of the organization at the time he filed the petition and the policy contained a duel service exclusion that barred coverage for plaintiff. Motion granted.

  • Underwood v. Kohls Dept Stores, Inc.

    Publication Date: 2017-12-12
    Practice Area: Class Actions
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1821

    The court granted certification of plaintiffs proposed class of members who were subject to Delaware law but not as to those subject to Virginia law in plaintiffs action alleging unjust enrichment in defendants solicitation of its customers to purchase an identity theft and credit-motoring product when activating their store credit cards because differences in state law under the voluntary payment rule meant that the Virginia class members did not satisfy the predominance requirement under rule 23(b)(3). Class partially certified.