Freeman v. Fin. Bus. & Consumer Sols., No. 1:19-cv-03900-MPB-JMS, 2020 U.S. Dist. LEXIS 69436 (S.D. Ind. Apr. 17, 2020) – Prevailed in the Southern District of Indiana on a motion to dismiss in a case where plaintiff claimed that a settlement option in a letter regarding a debt originally owed to a wireless telecommunications provider violated §1692e of the FDCPA. The letter offered the plaintiff/debtor a 35% discount on the debt and three payment options―the third of which rounded out to a penny over the amount of the discount. In ruling for the firm’s client, the court said the plaintiff relied “too heavily on the FDCPA’s strict liability status,” and found the misstatement was immaterial because it would not mislead even an unsophisticated consumer.
Rafferty v. Retrieval-Masters Creditors Bureau, Inc., No. 5:17-cv-426-Oc-40PRL, 2019 U.S. Dist. LEXIS 33511 (M.D. Fla. Mar. 4, 2019) – Obtained summary judgment in favor of collection agency defendant in a putative class action under the Fair Debt Collection Practices Act after successfully arguing that the subject collection letter did not overshadow the plaintiff’s written validation rights.
St. Pierre v. Retrieval-Masters Creditors Bureau, Inc., 898 F.3d 351 (3d Cir. 2018), aff’g Civ. Action No.: 15-2596 (FLW)(DEA), 2017 U.S. Dist. LEXIS 42875 (D. NJ Mar. 24, 2017) – Affirmed dismissal on a motion to dismiss in favor of collection agency defendant in a putative class action under the Fair Debt Collection Practices Act after successfully arguing that a contract the plaintiff alleged he entered into for the E-Z Pass of payment for highway tolls did not establish a “debt” for purposes of the FDCPA.
Cooper v. Retrieval-Masters Creditors Bureau, Inc., 338 F. Supp. 3d 729 (N.D. Ill 2018) – Obtained a reduction of $58,512.14 in plaintiff’s attorney’s fees in a FDCPA action after successfully arguing that plaintiff’s rejection of a substantial settlement offer and proceeding to trial was unreasonable.
Carter v. Monarch Recovery Mgmt., Case No. 16 C 6376, 2018 U.S. Dist. LEXIS 44882 (N.D. Ill. Mar. 20, 2018) – As part of defense team, obtained summary judgment in favor of collection agency defendant in an action under the Fair Debt Collection Practices Act after successfully arguing that collection letter was not misleading when it stated that interest and/or fees could be added to the outstanding balance because the creditor, from time to time, would add interest and/or fees.
Cooper v. Retrieval-Masters Creditors Bureau, Inc., No. 17 CV 773, 2017 U.S. Dist. LEXIS 166984 (N.D. Ill. Oct. 10, 2017) – Obtained dismissal on a motion to dismiss in favor of collection agency defendant in a putative class action under the Fair Debt Collection Practices Act where the plaintiff engaged in impermissible claims splitting.
O’Neill v. Northland Grp., Inc. et al., Civ No. 16-4266 (KM) (MAH), 2017 U.S. Dist. LEXIS 67982 (D. NJ May 3, 2017) – Obtained dismissal on a motion to dismiss in favor of collection agency defendant in a putative class action under the Fair Debt Collection Practices Act where the plaintiff alleged that a letter that included a settlement offer was misleading because it allegedly was misleading as to the defendant’s authority.
St. Pierre v. Retrieval-Masters Creditors Bureau, Inc., Civ. Action No.: 15-2596 (FLW)(DEA), 2017 U.S. Dist. LEXIS 42875 (D. NJ Mar. 24, 2017) – Obtained dismissal on a motion to dismiss in favor or collection agency defendant in a putative class action under the Fair Debt Collection Practices Act after successfully arguing that a contract the plaintiff alleged he entered into for the E-Z Pass of payment for highway tolls did not establish a “debt” for purposes of the FDCPA.
In re Byung-Woun Seo, BK No.: 10-30673, 2016 Bankr. LEXIS 4677 (Bankr. N.D. Ill. Nov. 3, 2016) – Successfully opposed debtor’s pursuit of sanctions for alleged violation of the bankruptcy discharged, and obtained sanctions against the debtor’s counsel resulting from the debtor’s improper pursuit of sanctions against the guaranty agency for the subject student loan.
Seo v. Educ. Credit Mgmt. Corp., Case No. 15-cv-3703, 2016 U.S. Dist. LEXIS 16235 (N.D. Ill. Feb. 9, 2016) – Obtained judgment on the pleadings in favor of a student loan guaranty agency in an action under the Fair Debt Collection Practices Act after successfully arguing that the defendant was not a “debt collector” for purposes of the FDCPA.
Alvarado v. Northland Group, Inc., Case No. 5–00645–CV–W-GAF, 2015 WL 7567091 (W.D. MO. Nov. 19, 2015) and McShann v. Northland Group, Inc., Case No. 15–00314–CV–W–GAF, 2015 WL 8097650 (W.D. MO. Dec. 1, 2015) – Obtained dismissal and judgment on the pleadings in favor of collection agency defendant based on alleged violations of the Fair Debt Collection Practices Act after certain information was allegedly visible through the glassine window of envelopes that contained collection letters.
Pereira, Jr. v. The Royal Group, Charge No. 2013 CF 0173 (State of Illinois Department of Human Rights) – Obtained dismissal for lack of substantial evidence of charge of discrimination under the Family and Medical Leave Act after Fact-Finding Conference.
AmTrust Bank v. Love, 5-10-0483 (Ct. App. 5th Dist. Ill.) – Successfully obtained Order from appellate court affirming summary judgment decision in favor of client-creditor in mortgage-related litigation case.
Mendoza v. Cellusuede Products, Inc., 2014 WL 929219 (N.D. Ill,)., 2011 WL 4684357 (N.D. Ill.) – Obtained dismissal by way of motion on behalf of the defendant employer involving claims under the Americans With Disabilities Act.
McWright v. Williams, et al., 09 L 007141 (Cook County Circuit Court) – Obtained dismissal by way of motion on behalf of third-party defendant contractor involving negligence-related claims.
Felde v. Town of Brookfield et al., 570 F.Supp.2d 1070 (E.D. Wis. 2008) – Obtained summary judgment on behalf of municipality and municipal employees involving wrongful discharge and constitutional related claims.
Aaron, et al. v. Wisconsin Injured Patients and Families Compensation Fund, 04-CV-9012 (Milwaukee County Circuit Court) – Successfully obtained defense verdict after jury trial involving medical malpractice claim.
Killian v. Arby Construction, Inc., 06-012386 (Worker’s Compensation Division, Wisconsin Department of Workforce Development) – Obtained dismissal of workers’ compensation claim.
Dudley v. Erin East, Inc., 06-028119 (Worker’s Compensation Division, Wisconsin Department of Workforce Development) – Obtained decision in favor of respondent-employer following arbitration of unreasonable refusal to rehire claim.
Williams v. Asset Acceptance, 06-20316 (Milwaukee County Circuit Court) – Successfully obtained defense verdict after bench trial involving consumer related claims.
Cordell v. State Central Credit Union, 2005 WL 3536094 (E.D. Wis. 2005) – Obtained summary judgment on behalf of employer involving FLSA and wrongful discharge claims.
Jones v. Zeuger, et al., 04-5037 (Milwaukee County Circuit Court) – Successfully obtained summary judgment on behalf of individual insured based on issue preclusion.
Wollor v. Placon Corp., 04-03402 (Equal Rights Division, Wisconsin Department of Workforce Development) (Affirmed, Wisconsin Labor and Industry Review Commission, July 27, 2007) – Obtained decision in favor of employer after arbitration of discrimination and wrongful discharge claims.
Bocskor v. Mazda Motor of America Inc., 04-0316 (Outagamie County Circuit Court) – Obtained summary judgment on behalf of manufacturer involving product liability/lemon law claim.
Snapp v. Rivera MD, et al., 03-6612 (Milwaukee County Circuit Court) –Obtained summary judgment on behalf of physician involving medical malpractice claim.