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Fair Debt Collection Practices Act Law
 
William S. Kaye v. Blue Bell Creameries, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Bruno’s Supermarkets, LLC (“the Debtor”) filed for bankruptcy under Chapter 11. In administering and ultimately liquidating the bankruptcy estate, the Trustee filed an adversary proceeding against Blue Bell Creameries, Inc. (“Blue Bell”) to recover monies the Trustee contended were owed by Blue Bell to the estate. Specifically, the Trustee sought to recover from Blue Bell more than $500,000 in a s... More...   $0 (08-14-2018 - AL)

State of Ohio v. Alonzo Bonner, Jr.

On August 11, 2016, Bonner was indicted on one count of felonious assault in violation of R.C. 2903.11(A)(1), a second-degree felony, along with a repeat violent offender (“RVO”) specification. Previously, Bonner served nine years in prison after being convicted of felonious assault with a firearm. State v. Bonner, Erie C.P. No. 2007-CR-487. Bonner pleaded not guilty to the charge of felon... More...   $0 (08-14-2018 - OH)

State of Ohio v. Anthony Braswell

The following evidence was offered at trial. The accuser in this case, “S.L.,” is Braswell’s former girlfriend. S.L.’s relationship with Braswell ended in 2008 or 2009. On Friday, March 25, 2016, S.L. was at her house, located at 902 Prospect Street, in Toledo, Ohio. S.L. shared the home with her boyfriend, and her boyfriend’s son. S.L. had arranged to take the boy to her sister’s for t... More...   $0 (08-14-2018 - OH)

STATE OF OHIO -vs- GEORGE HERBERT SWOGGER

Swogger and K. P. had been in a romantic relationship for eight months. On June 22, 2017, they were living together at 601 Brown Ave. N.W., Apt #1, in Canton, Ohio. At approximately, 7:45 p.m. the two got into a disagreement. Swogger pulled K.P. from the porch into the house by her hair, struck her about the face, grabbed her around the neck and strangled her. {¶3} Canton City police offi... More...   $0 (08-14-2018 - OH)

United States of America v. Tabitha A. Hammond District of South Carolina Federal Courthouse - Columbia, South Carolina

Columbia, SC - Oconee Woman Pleads Guilty to Meth Charges

Tabitha A. Hammond, age 37, of Seneca, pled guilty to possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841. United States District Judge Donald C. Coggins, of Spartanburg, accepted the guilty plea and will sentence Hammond after he has a chance to review the Presentence... More...
   $0 (08-14-2018 - SC)

United States of Amrica v. Ancient Coin Collectors Guild District of Maryland Federal Courthouse - Baltimore, Maryland

This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins, which were imported into this country by the Guild. Incorporated within its challenge to the propriety of the district court’s summary judgment decision, the Guild contests th... More...   $0 (08-14-2018 - MD)

Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

STATE OF OHIO vs. MARK HILL

On January 27, 2017, Cincinnati Police Officer John Neal was
dispatched to Emming Street to investigate a report of a brick thrown at a house. He
took a statement from the complainants for criminal damaging. While Neal was
investigating on Emming Street, Officers Stavale and Pierson responded
independently to Coon Alley to investigate a possible suspect.
{¶4} When Stav... More...
   $0 (08-13-2018 - OH)

STATE OF OHIO vs. ROGER LANTER

On June 17, 2016, the Cincinnati police were dispatched to a home on
William Howard Taft Road after a reported breaking and entering. The victim, an
86-year-old woman, lived alone. She had left her home for church around 12:00
p.m. and returned after mass had ended at 12:30 p.m. Upon her return, she noticed
that window panes on her backdoor were broken and that the door was ... More...
   $0 (08-13-2018 - OH)

THE PEOPLE OF THE STATE OF ILLINOIS v. WILLIS REESE

Defendant Willis Reese was charged with several offenses, including aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) (West 2006)), vehicular invasion (720 ILCS 5/12-11.1 (West 2006)), attempted armed robbery (720 ILCS 5/8-4, 18-2 (West 2006)), and escape (720 ILCS 5/31-6 (West 2006)). The public defender was appointed to represent defendant, but defendant subsequently informed the trial court... More...   $0 (08-13-2018 - IL)

Diamonte William Baker v. State of Indiana

Baker met Stephanie Miller in September 2016. They began a romantic relationship, and Baker moved into Miller’s apartment the following month. On January 22, 2017, after the pair had an argument, Miller tried to exit the apartment. However, Baker blocked her by standing in front of the door. When Miller turned her back on Baker, he stabbed her in the back with “a survival knife.” Tr. Vol... More...   $0 (08-13-2018 - IN)

United States of America v. Hiteshkumar Patel Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Scranton, PA - South Abington Man Sentenced To Over 19 Years In Prison For Fraud And Identity Theft Scheme

Hiteshkumar Patel, age 52, a resident of South Abington Township, Pennsylvania, was sentenced on August 9, 2018, by United States District Court Judge Robert D. Mariani to serve 234 months in prison on the charges of conspiracy and aggravated identity theft.

According to Un... More...
   $0 (08-13-2018 - PA)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

James Tepper, Allison Tepper v. Amos Financial, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other... More...
   $0 (08-13-2018 - Pa)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Garrell "Gary" McCutcheon Jr., and Melissa K. McCutcheon v. Pavco Trucking Co. Inc., and Titan Transfer, Inc.

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in
Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by
truck. Pavco terminated the McCutcheons’ employment on February 14, 2014.
[3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which
enumerated a number of Pavco’s assets that would be transferred to Titan in
exch... More...
   $0 (08-12-2018 - IN)

Lonnie Martin Williams v. The State of Texas

On June 1, 2017, Williams was indicted for two counts of aggravated robbery and one count of possession of a substance in penalty group one in an amount less than a gram. See id. § 29.03, TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West, Westlaw through 2017 1st C.S.). The two aggravated robbery counts were enhanced due to Williams’s prior felony conviction. On October 16, 2017, the case was c... More...   $0 (08-12-2018 - TX)

Dre Jacobo v. The State of Texas

Following his guilty plea, appellant was placed on deferred-adjudication community supervision for a period of ten years. The State later filed an “Original Motion to Revoke Probation.” The motion alleged that appellant committed several violations of his community supervision conditions, including failing to: comply with sex offender registration requirements; report to his probation officer; ... More...   $0 (08-12-2018 - TX)

Jan C. Torres-Pagan v. Commissioners, Social Security Administration (Nancy A. Berryhill) District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this Social Security
benefits opinion, Jan Torres-Pagán ("Torres-Pagán") appeals from
the District Court's order upholding an administrative law judge's
("ALJ") conclusion that, although he had previously been eligible
for Supplemental Security Income ("SSI") benefits as a child, he
was ineligible for the same as an adult. Because we believe the
record before the ALJ was... More...
   $0 (08-12-2018 - MA)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

The State of Texas v. Ramiro Garcia Lopez Jr.

Gilberto Garces was found dead of apparent gunshot wounds around 7:30 p.m. on April 6, 2016. Garces’s body was located in a rural area of Mercedes; his hands were bound with electrical wire.1 A search warrant was issued April 8, 2016, for Mid-Valley Tire Shop seeking: any and all firearms, any and all unknown make and caliber ammunition and/or spent casings, projectiles, and/or shrapnel, an... More...   $0 (08-11-2018 - TX)

Donna Kay Steggall v. The State of Texas

In her first issue, Steggall complains that this Court should reinstate factual sufficiency review and find that the evidence was factually insufficient for her to have committed the offenses for which she was convicted. The Texas Court of Criminal Appeals, in Brooks v. State, 323 S.W.3d 893, 912 (Tex. Crim. App. 2010), abandoned the factual-sufficiency standard in criminal cases. Brooks v. ... More...   $0 (08-11-2018 - TX)

Robyn Dale Murphy, Jr., aka Robin Dale Murphy, Jr. v. Exeter Finance Corp.

On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. Excel assigned the contract to Exeter. Murphy paid $17,330.00 for the truck, making a $1,000.00 down payment with the remaining principal amount of $16,330.00 to be financed at an equivalent rate of 20.6%, r... More...   $0 (08-11-2018 - TX)

Leonard Mornes v. The State of Texas

Appellant shot and killed Jacqueline Armstead and Brigitte Manning at his home in Dallas, Texas on July 8, 2015. Armstead’s fifteen-year-old daughter Ja’Kaline Evans testified appellant, Manning, and Armstead were “hanging out,” smoking crack cocaine, and drinking beer at Armstead’s house that afternoon. Appellant, Manning, and Armstead left together after an hour or an hour and a half; Armst... More...   $0 (08-11-2018 - TX)

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