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Category: Finance

The Third Circuit holds that communications with debtors during bankruptcy proceedings can expose debt collectors to liability under the FDCPA

On October 14, 2013 by Schnader in Finance

By Stephen J. Shapiro The Third Circuit, addressing an issue of first impression in the circuit, recently held that debtors who receive communications from debt collectors in the course of bankruptcy proceedings are not barred from pursuing claims alleging that those communications violate the Fair Debt Collections Practices Act (FDCPA).  In […]

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The Filed Rate Doctrine and “Secondarily Billed” Rates

On October 10, 2013 by Schnader in Finance

By Stephen A. Fogdall and Christopher A. Reese The filed rate doctrine holds that the reasonableness of insurance rates filed with and approved by a state insurance regulator cannot be challenged in court.  That doctrine ought to apply even when the cost of the insurance is passed on, or “secondarily billed,” by […]

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Deficient Act 91 notices do not divest Pennsylvania courts of subject matter jurisdiction to hear mortgage foreclosure actions

On September 30, 2013 by Schnader in Finance

By Stephen J. Shapiro Pennsylvania’s Homeowner’s Emergency Mortgage Act (Act 91) requires a mortgagee that intends to foreclose on a residential mortgage to send a notice advising the delinquent homeowner that he has “thirty (30) days to have a face-to-face meeting with the mortgagee who sent the notice or a consumer […]

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The Latest Decision on Expert Testimony at the Class Certification Stage

On September 26, 2013 by Schnader in Finance

By Stephen A. Fogdall A judge in the United States District Court for the Northern District of California just entered an order in  In re Cathode Ray Tube Antitrust Litigation on an issue we follow on this blog:  the evaluation of expert testimony at the class certification stage. The Cathode Ray Tube court […]

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