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Posted in General Matters

The United States District Court for the District of Massachusetts recently granted a motion to dismiss an action against U.S. Bank National Association, as trustee and Select Portfolio Servicing, Inc., brought by a borrower alleging wrongful foreclosure, violation of the state’s consumer protection statute, violation of Fair Debt Collection Practices Act, unenforceability of a note based on the Uniform Commercial Code’s (“UCC”) six-year statute of limitations, and violation of a bankruptcy discharge injunction.  Duplessis v. U.S. Bank National Association and SPS, 2018 WL 4907526 (Oct. 9, 2018).

Posted in General Matters

On March 27, 2018, California Judge Mary E. Wiss of the San Francisco Superior Court issued an order overruling a demurrer by internet kingpin Google in the proposed class action of Kelly Ellis et al. v. Google, LLC (formerly Google, Inc.), case number CGC-17-561299  Plaintiffs, four former female employees of Google, brought suit for systematic favoritism of male employees over female employees, including hiring position and salary, promotion time frames, positions and amounts, and paying women less than men for substantially equal or similar work.  The suit proposes a class of six employee categories containing a total of 30 positions and targets Google’s entire California operation, which includes approximately 21,000 employees at its headquarters alone. 

Posted in General Matters

The Chief Judge of the Court of Appeals and of the State of New York, Janet DiFiore, announced that as of March 1, 2018,  all four Departments of the New York State Appellate Division will commence electronic filing in certain appellate matters and original proceedings.

TCPA Theories: Developing Trend in Consumer Litigation Law

In 1991, the Federal Communications Commission (“FCC”) implemented the Telephone Consumer Protection Act (“TCPA”).  Generally, the TCPA prohibits unwanted solicitation calls made by automatic telephone dialing systems or by using artificial (or prerecorded) voices, unless the consumer gives “prior express consent.”


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