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Law Praxis: Discover Bank Record Falsification Basis for Civil RICO Act Claims
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A blog of legal theory and practice. Thursday, May 24, 2012. Discover Bank Record Falsification Basis for Civil RICO Act Claims. A law firm in Pennsylvania recently filed a RICO class action against Discover Bank alleging systematic, nationwide litigation fraud through the use of falsified documents. http:/ www.courthousenews.com/2012/03/14/44677.htm. Subscribe to: Post Comments (Atom). Law Offices of Matthew A. Parham. Legal Writing and Appeals. New York Appeals Blog. View my complete profile. State Low...
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Law Praxis: June 2012
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A blog of legal theory and practice. Tuesday, June 26, 2012. Small Businesses Can Avoid Expensive Problems Up Front with Thoughtful Formation Documents. All too often, entrepreneurs do not put enough thought into formation issues when forming their small business. When unforeseen circumstances later arise, what seemed a quick and easy way to form a business can be revealed as an unexpected source of aggravation, expense, and worry. My firm advises on and handles. If you require such services. This is fra...
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Law Praxis: New York Civil Procedure Roundup
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A blog of legal theory and practice. Tuesday, June 5, 2012. New York Civil Procedure Roundup. No "prevailing party" attorneys' fees unless party prevailed with respect to "central relief sought.". On April 27, 2012, the Fourth Department issued a decision in Chainani. Party may request change of venue in amended complaint. In Valley Psychological, P.C. Renaissance Equity Holdings, LLC. Index No. 098946/08, 2009 N.Y. Misc. LEXIS 2416, at *3 (Sup. Ct. Kings County Apr. 27, 2009)...If you need such services.
lawpraxis.blogspot.com
Law Praxis: Small Businesses Can Avoid Expensive Problems Up Front with Thoughtful Formation Documents
http://lawpraxis.blogspot.com/2012/06/small-businesses-can-avoid-expensive.html
A blog of legal theory and practice. Tuesday, June 26, 2012. Small Businesses Can Avoid Expensive Problems Up Front with Thoughtful Formation Documents. All too often, entrepreneurs do not put enough thought into formation issues when forming their small business. When unforeseen circumstances later arise, what seemed a quick and easy way to form a business can be revealed as an unexpected source of aggravation, expense, and worry. My firm advises on and handles. If you require such services. Credit-Card...
lawpraxis.blogspot.com
Law Praxis: Should Judges Write Their Own Opinions?
http://lawpraxis.blogspot.com/2012/06/should-judges-write-their-own-opinions.html
A blog of legal theory and practice. Tuesday, June 5, 2012. Should Judges Write Their Own Opinions? In a recent New York Times Op-Ed. It is in the nature of Mr. Domnarski's argument that it cannot be supported. A judge's body of work. That judge's personal style. If Judge Posner's opinions are to be compared with those of judges that use "ghostwriters," how about including self-drafters who lack the silver tongue and academic credentials of a Judge Posner? But there is simply no way to know who does and ...
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Law Praxis: Increasing Awareness of Credit Card "Robo-Signer" Abuses
http://lawpraxis.blogspot.com/2012/05/increasing-awareness-of-credit-card.html
A blog of legal theory and practice. Tuesday, May 22, 2012. Increasing Awareness of Credit Card "Robo-Signer" Abuses. A recent series in the American Banker magazine. Has led to greater public awareness of abusive and fraudulent litigation tactics in consumer debt-collection lawsuits brought by credit-card originators. Business Week. Takes up the story as well. Location: Buffalo, NY, USA. Subscribe to: Post Comments (Atom). Law Offices of Matthew A. Parham. Legal Writing and Appeals. New York Appeals Blog.
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Law Praxis: Telephone Consumer Protection Act: The Federal Courts Giveth and They Taketh Away
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A blog of legal theory and practice. Monday, June 11, 2012. Telephone Consumer Protection Act: The Federal Courts Giveth and They Taketh Away. The TCPA generally prohibits the making of a call with an automatic dialer or pre-recorded voice to any phone number unless there is an emergency purpose or the caller has the prior express consent of the "called party." 47 U.S.C. 227(b)(1). The TCPA provides that for each violation (i.e. each call). In the Seventh Circuit decision, Soppet. The Eastern District of...
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Law Praxis: Credit-Card Plaintiffs Are Often Unable or Unwilling to Prove Their Debt Collection Case at Trial
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A blog of legal theory and practice. Tuesday, June 5, 2012. Credit-Card Plaintiffs Are Often Unable or Unwilling to Prove Their Debt Collection Case at Trial. Recent experiences around the country suggest that even original creditors, such as credit-card companies, are unable or unwilling to go to trial and actually prove their cases. In Florida, Chase Bank actually went to trial on a case. As I have discussed before. Past success does not guarantee success in any future matter. Do, however, contact ...
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Law Praxis: Car Dealers Must Disclose Reliance on Negative Credit History to Raise Car Loan Interest Rate
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A blog of legal theory and practice. Tuesday, June 19, 2012. Car Dealers Must Disclose Reliance on Negative Credit History to Raise Car Loan Interest Rate. National Automobile Dealers Association v. Federal Trade Commission. Civ A No. 11-1171 (ESH). This is fraud, deception, and an outright TILA violation - an expensive one for the dealer because damages under TILA are double the total finance charge over the course of the loan, which could be tens of thousands of dollars. To discuss your options. I repr...
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Law Praxis: May 2012
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A blog of legal theory and practice. Saturday, May 26, 2012. Broaden Credit Protections for Military Personnel. Four Democratic Senators and the Delaware Attorney General recently proposed a bill that would amend the. Servicemembers Civil Relief Act (SCRA). To provide broader protections against abusive creditor conduct. The bill was covered recently by. The proposed bill, S. 3179. However, the SCRA limit is very narrow, and the SCRA permits predatory lenders to take unfair advantage of active-duty perso...