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Sixth Circuit: using the word “settlement” could create FDCPA liability

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • January 14 2015

In-depth Fair Debt Collection Practices Act (FDCPA) decisions are relatively rare many of the cases either get dismissed on procedural

Breaking up isn’t that hard to do: a letter is enough to rescind mortgage, Supreme Court rules

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • January 15 2015

Home buyers aren't required to file a lawsuit to back out of a mortgage when the lender has violated the Truth in Lending Act, the Supreme Court has

The AIA document B101-2007 Owner-Architect Agreement - who has rights to the instruments of service?

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • February 29 2008

An architect is an artist

Civil Rule 10(d)(2): an affidavit is required, but merit is entirely optional

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • June 2 2011

The Affidavit of Merit requirement in Rule 10(D)(2) was introduced in 2005 to eliminate frivolous lawsuits

Construction insurance fundamentals

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • November 2 2012

"The Heiles argue that the policy exclusions relied on by State Auto do not apply here."

Seventh Circuit agrees with CFPB and FTC in FDCPA time-barred debt collection case

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • March 19 2014

On March 11, 2014, the Seventh Circuit reversed the trial court's dismissals of two Fair Debt Collection Practices Act (FDCPA) actions that

The effect of not confirming an arbitration award where a party claims collateral estoppel or res judicata

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • November 16 2009

In our last ADR Corner article, we discussed Ohio case law regarding the one-year deadline for confirming an arbitration award and the court’s analysis that a party seeking to confirm an arbitration award may do so after the one-year statutory period where there is a showing of good cause

Standard one-year warranty: fact or fiction?

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • April 30 2008

It is often heard from contractors, as well as owners, that “a contractor is not responsible for repairing work on a project outside of a year after the work is complete,” because the project is no longer covered by the contractor’s “standard one-year warranty.”

“Time is of the essence” finishing the work on time and what happens if the work is not finished on time

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • March 31 2008

The phrase “time is of the essence” can be found in most construction contracts today, but what does it mean?

Lesson of Pippins v. KPMG: “chutzpah” can be costly, especially in large cases before the Southern District of New York

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • March 14 2012

With Pippins v. KPMG, the Southern District of New York, which gave us the Zubulake and Pension Committee decisions, maintains and extends its forward position among jurisdictions nationally in punishing large corporations with broad and expensive preservation requirements