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SCOTUS holds mistake of law no defense to FDCPA liability
- Kelley Drye & Warren LLP
- -
- USA
- -
- April 22 2010
Yesterday, the Supreme Court issued a decision in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (“Jerman”) (Docket 08-1200) that resolves a circuit split regarding the scope of the Fair Debt Collection Practices Act’s bona fide error defense and disposes of a key defense to FDCPA liability for debt collector defendants
Supreme Court clarifies diversity jurisdiction standard
- Kelley Drye & Warren LLP
- -
- USA
- -
- February 25 2010
In a unanimous decision on February 23, 2010 in Hertz v. Friend, et al., No. 08-1107, --- S.Ct. ----, 2010 WL 605601, the Supreme Court clarified the test federal courts should apply to determine a corporation’s citizenship for purposes of diversity jurisdiction, holding that corporations are citizens of the state of their “nerve center” - usually their corporate headquarters - not of any state where a plurality of their business activity occurs
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- Jurisdiction - USA
- Workarea - Company & Commercial
- Author - Joanna Baden-Mayer