Articles

A Single Unsolicited Robo Call is Actionable Under the Telephone Consumer Protection Act

Published: Jul 12, 2017 | Last modified: Jul 12, 2017
It is rather common these days to be bombarded by multiple unsolicited robo calls made to a cell phone. Sometimes though, enough is enough. In a victory for consumers, the Third Circuit Court of Appeals recently reversed a District Judge's decision to dismiss a Complaint filed by an indiv...

Sometimes a Tax Return is not a Tax Return When Attempting to Discharge Tax Debts in Bankruptcy

Published: Jun 3, 2017 | Last modified: Jun 3, 2017
Can an income tax return filed after the IRS has assessed the taxpayer's liability be discharged in bankruptcy? One of the hallmarks of the United States Bankruptcy Code is to afford individuals with a "fresh start" by granting a discharge of pre-bankruptcy debts. However, not all pre-b...

Filing Stale Bankruptcy Claim Not Violation of Collection Law, Says U.S. Supreme Court

Published: May 16, 2017 | Last modified: May 16, 2017
In a perplexing decision, a divided U.S. Supreme Court ruling endorses the practice of debt collectors who file proofs of claim in bankruptcy cases where the underlying debt is legally unenforceable due to expiration of the statute of limitations. Midland Funding, LLC v. Johnson, 581 U....

Rooker Feldman Doctrine Bars Relitigating State Court Judgment in Federal Court

Published: Apr 14, 2017 | Last modified: Apr 14, 2017
Often, a dissatisfied litigant who lost in state court will try his or her luck in federal court in an attempt to escape the adverse state court ruling. Federal courts have limited subject matter jurisdiction, however, and will not serve as the appellate court to challenge issues previou...

14-Year Old Defamation Suit Dismissed

Published: Feb 27, 2017 | Last modified: Feb 27, 2017
In a lawsuit involving a battle between two alleged cult organizations, a federal district judge in New Jersey recently dismissed a 14-year old defamation claim arising out of allegations that described the plaintiff as a cult that brainwashed seminar participants. The article is repo...
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