Search found 4126 matches

by David A. Szwak
Tue Oct 14, 2014 11:52 am
Forum: Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
Topic: Overseas Deponents & the Federal Rules of Civil Procedure
Replies: 0
Views: 71

Overseas Deponents & the Federal Rules of Civil Procedure

Overseas Deponents & the Federal Rules of Civil Procedure *3 Federal Rule of Civil Procedure 30 governs depositions. Rule 30(b)(1) provides, “[a] party who wants to depose a person by oral questions ... must state the time and place of the deposition.” Fed.R.Civ.P. 30(b)(1). Generally, this mean...
by David A. Szwak
Tue Oct 14, 2014 11:51 am
Forum: Furnisher and Public Records Suppliers Secret Documents
Topic: Overseas Deponents & the Federal Rules of Civil Procedure
Replies: 0
Views: 90

Overseas Deponents & the Federal Rules of Civil Procedure

Overseas Deponents & the Federal Rules of Civil Procedure *3 Federal Rule of Civil Procedure 30 governs depositions. Rule 30(b)(1) provides, “[a] party who wants to depose a person by oral questions ... must state the time and place of the deposition.” Fed.R.Civ.P. 30(b)(1). Generally, this mean...
by David A. Szwak
Tue Oct 14, 2014 11:51 am
Forum: Trans Union Secret Documents
Topic: Overseas Deponents & the Federal Rules of Civil Procedure
Replies: 0
Views: 108

Overseas Deponents & the Federal Rules of Civil Procedure

Overseas Deponents & the Federal Rules of Civil Procedure *3 Federal Rule of Civil Procedure 30 governs depositions. Rule 30(b)(1) provides, “[a] party who wants to depose a person by oral questions ... must state the time and place of the deposition.” Fed.R.Civ.P. 30(b)(1). Generally, this mean...
by David A. Szwak
Tue Oct 14, 2014 11:51 am
Forum: Evidentiary Issues in FCRA Cases
Topic: Overseas Deponents & the Federal Rules of Civil Procedure
Replies: 0
Views: 87

Overseas Deponents & the Federal Rules of Civil Procedure

Overseas Deponents & the Federal Rules of Civil Procedure *3 Federal Rule of Civil Procedure 30 governs depositions. Rule 30(b)(1) provides, “[a] party who wants to depose a person by oral questions ... must state the time and place of the deposition.” Fed.R.Civ.P. 30(b)(1). Generally, this mean...
by David A. Szwak
Tue Oct 14, 2014 11:50 am
Forum: General Discussion
Topic: Overseas Deponents & the Federal Rules of Civil Procedure
Replies: 0
Views: 88

Overseas Deponents & the Federal Rules of Civil Procedure

Overseas Deponents & the Federal Rules of Civil Procedure *3 Federal Rule of Civil Procedure 30 governs depositions. Rule 30(b)(1) provides, “[a] party who wants to depose a person by oral questions ... must state the time and place of the deposition.” Fed.R.Civ.P. 30(b)(1). Generally, this mean...
by David A. Szwak
Tue Oct 14, 2014 11:47 am
Forum: Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
Topic: SEC v. Banc de Binary: Outsourcing; Depos in Foreign Country
Replies: 1
Views: 58

Re: SEC v. Banc de Binary: Outsourcing; Depos in Foreign Cou

Rule 28(b)(1), which governs the methods for taking depositions in foreign countries, permits such depositions: “(A) under an applicable treaty or convention; [or](B) under a letter of request, whether or not captioned a ‘letter rogatory’[.]” FN5 According to defendants, both of these methods are “i...
by David A. Szwak
Tue Oct 14, 2014 11:46 am
Forum: Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
Topic: SEC v. Banc de Binary: Outsourcing; Depos in Foreign Country
Replies: 1
Views: 58

SEC v. Banc de Binary: Outsourcing; Depos in Foreign Country

S.E.C. v. Banc de Binary Slip Copy, 2014 WL 1030862 D.Nev.,2014. March 14, 2014 ORDER CAM FERENBACH, United States Magistrate Judge. *1 This matter involves the Security and Exchange Commission's civil enforcement action against Banc de Binary, et al. for allegedly trading unregistered securities in...
by David A. Szwak
Mon Oct 13, 2014 7:21 am
Forum: What is a Consumer [Credit] Reporting Agency?
Topic: PIRES EXPERT REPORT: MUST READ
Replies: 0
Views: 96

PIRES EXPERT REPORT: MUST READ

PIRES EXPERT REPORT: MUST READ
by David A. Szwak
Mon Oct 13, 2014 7:20 am
Forum: Who is a Furnisher?
Topic: PIRES EXPERT REPORT: MUST READ
Replies: 0
Views: 107

PIRES EXPERT REPORT: MUST READ

PIRES EXPERT REPORT: MUST READ
by David A. Szwak
Mon Oct 13, 2014 7:19 am
Forum: Who is a Furnisher?
Topic: WHAT IS A FURNISHER?
Replies: 0
Views: 67

WHAT IS A FURNISHER?

While the FCRA does not explicitly define, “furnisher of information,” the Courts have defined the term to mean “an entity which transmits information concerning a particular debt owed by a consumer to a consumer reporting agency.” See Khalil v. Transunion, LLC, 2008 WL 2782912 [E.D. Mich. July 17, ...
by David A. Szwak
Mon Oct 13, 2014 7:18 am
Forum: What is a Consumer [Credit] Reporting Agency?
Topic: A RESELLER IS A CRA
Replies: 0
Views: 61

A RESELLER IS A CRA

Section 111 of FACTA specifically defines a "reseller" as: “a consumer reporting agency that-- (1) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such...
by David A. Szwak
Mon Oct 13, 2014 7:18 am
Forum: What is a Consumer [Credit] Reporting Agency?
Topic: CHOICEPOINT IS A CRA AND RESELLER
Replies: 0
Views: 61

CHOICEPOINT IS A CRA AND RESELLER

In the deposition of Teresa Preg, a Fed.R.Civ.Proc. 30 [6] designee by ChoicePoint Inc. [holding company], KNOWX, LLC [another wholly owned subsidiary], and ChoicePoint Services, Inc. [another wholly owned subsidiary], in Catherine Taylor v. Equifax, et al, No. 4:06CV0496-GTE [E.D. Ark.], Preg testi...
by David A. Szwak
Mon Oct 13, 2014 7:17 am
Forum: Credit Card Liabilities
Topic: Credit Cards in America, 13 J. Marshall J.
Replies: 0
Views: 91

Credit Cards in America, 13 J. Marshall J.

Credit Cards in America, 13 J. Marshall J.
Computer & Info. L. 573 (1995)
by David A. Szwak
Mon Oct 13, 2014 7:16 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Credit Cards in America, 13 J. Marshall J.
Replies: 0
Views: 65

Credit Cards in America, 13 J. Marshall J.

Credit Cards in America, 13 J. Marshall J. Computer & Info. L. 573 (1995)
by David A. Szwak
Mon Oct 13, 2014 6:31 am
Forum: What is a Consumer [Credit] Reporting Agency?
Topic: LEXISNEXIS IS A CRA AND RESELLER
Replies: 0
Views: 73

LEXISNEXIS IS A CRA AND RESELLER

LEXISNEXIS IS A CRA AND RESELLER 1. Brown v. Lowe's Companies, Inc., --- F.Supp.3d ----, 2014 WL 4854639, W.D.N.C., September 30, 2014 (NO. 5:13CV79-RLV) ...Lowe's. (Doc. 1,, 31; 8, ¶ 39; 9, ¶ 46). With respect to the actual decision making, Plaintiffs allege that “LexisNexis itself was tasked with ...
by David A. Szwak
Mon Oct 13, 2014 6:09 am
Forum: Jury Instructions and Jury Verdict Forms
Topic: Jury Instructions: Price v. Trans Union
Replies: 0
Views: 62

Jury Instructions: Price v. Trans Union

Jury Instructions: Price v. Trans Union
by David A. Szwak
Thu Oct 09, 2014 7:41 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Daugherty v. Experian Information Solutions, ND Calif.
Replies: 0
Views: 81

Daugherty v. Experian Information Solutions, ND Calif.

Daugherty v. Experian Information Solutions, Inc. 847 F.Supp.2d 1189 N.D.Cal.,2012. March 08, 2012 ORDER GRANTING MOTION TO COMPEL ARBITRATION AND STAY ACTION Docket 23. SAUNDRA BROWN ARMSTRONG, District Judge. The parties are presently before the Court on Defendant Citibank, N.A.'s (“Defendant”) FN...
by David A. Szwak
Thu Oct 09, 2014 7:39 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Collier v. Real Time Staffing Services, Inc., ND Ill.
Replies: 0
Views: 75

Collier v. Real Time Staffing Services, Inc., ND Ill.

Collier v. Real Time Staffing Services, Inc. Not Reported in F.Supp.2d, 2012 WL 1204715 N.D.Ill.,2012. April 11, 2012 MEMORANDUM OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. *1 On September 7, 2011, plaintiff Darion Collier filed a putative class action against defendant Real Time Staffin...
by David A. Szwak
Thu Oct 09, 2014 7:29 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Obremski v. Springleaf Financial Services, Inc., MD Fla.
Replies: 0
Views: 74

Obremski v. Springleaf Financial Services, Inc., MD Fla.

Obremski v. Springleaf Financial Services, Inc. Not Reported in F.Supp.2d, 2012 WL 3264521 M.D.Fla.,2012. August 10, 2012 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. *1 This cause comes before the Court pursuant to Defendant Springleaf Financial Services of Florida, Inc.'s Motion to Compe...
by David A. Szwak
Thu Oct 09, 2014 7:25 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Harrier v. Verizon Wireless Personal Communications, MD Fla.
Replies: 0
Views: 79

Harrier v. Verizon Wireless Personal Communications, MD Fla.

Harrier v. Verizon Wireless Personal Communications LP 903 F.Supp.2d 1281 M.D.Fla.,2012. October 02, 2012 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendant's Motion for Reconsideration*1282 (Dkt. 11) and Plaintiff's Response in opposition (Dkt. 13). The Cour...
by David A. Szwak
Thu Oct 09, 2014 7:24 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Wolgin v. Experian Information Solutions, Inc., Miss. 2012
Replies: 0
Views: 72

Wolgin v. Experian Information Solutions, Inc., Miss. 2012

Wolgin v. Experian Information Solutions, Inc. 101 So.3d 1160 Miss.,2012. November 29, 2012 EN BANC. RANDOLPH, Justice, for the Court. ¶ 1. This consolidated appeal stems from a lawsuit in which Mark Wolgin sued various entities alleging wrongdoing surrounding his 2006 purchase of a condominium on t...
by David A. Szwak
Thu Oct 09, 2014 7:23 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Fairbank v. Citibank (South Dakota), N.A., USDC Or.
Replies: 0
Views: 70

Fairbank v. Citibank (South Dakota), N.A., USDC Or.

Fairbank v. Citibank (South Dakota), N.A. Not Reported in F.Supp.2d, 2012 WL 6154759 D.Or.,2012. December 11, 2012 OPINION & ORDER MARCO A. HERNANDEZ, District Judge. *1 Plaintiff Adi Fairbank brings this action to compel arbitration for violations of the Fair Debt Collection Practices Act (“FDC...
by David A. Szwak
Thu Oct 09, 2014 7:21 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Inetianbor v. CashCall, Inc., SD Fla.
Replies: 0
Views: 80

Inetianbor v. CashCall, Inc., SD Fla.

Inetianbor v. CashCall, Inc. 923 F.Supp.2d 1358 S.D.Fla.,2013. February 15, 2013 ORDER DENYING PLAINTIFF'S MOTION FOR REMAND AND GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff's Motion to Remand Defendant's Notice of Rem...
by David A. Szwak
Thu Oct 09, 2014 7:19 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Mann v. Equifax Information Services, LLC, ED Mich.
Replies: 0
Views: 74

Mann v. Equifax Information Services, LLC, ED Mich.

Mann v. Equifax Information Services, LLC Slip Copy, 2013 WL 3814257 E.D.Mich.,2013. July 22, 2013 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION SEAN F. COX, District Judge. *1 This civil action was brought against the Defendants under the Fair Credit Reporting Act. The only defendant that re...
by David A. Szwak
Thu Oct 09, 2014 7:18 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Mitchell v. Sajed, ED Va.
Replies: 0
Views: 89

Mitchell v. Sajed, ED Va.

Mitchell v. Sajed Slip Copy, 2013 WL 3805041 E.D.Va.,2013. July 22, 2013 MEMORANDUM OPINION JAMES R. SPENCER, District Judge. *1 THIS MATTER is before the Court on Defendants' Motion to Compel Arbitration and Stay Proceedings, or in the Alternative, Motion for a More Definite Statement, or in the Ot...
by David A. Szwak
Thu Oct 09, 2014 7:17 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Inetianbor v. CashCall, Inc., SD Fla.
Replies: 0
Views: 70

Inetianbor v. CashCall, Inc., SD Fla.

Inetianbor v. CashCall, Inc. 962 F.Supp.2d 1303 S.D.Fla.,2013. August 19, 2013 ORDER GRANTING PLAINTIFF'S RENEWED MOTION FOR COURT TO RECONSIDER ITS ORDER REQUIRING ARBITRATION JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff's Renewed Motion for Court to Reconsider Its O...
by David A. Szwak
Thu Oct 09, 2014 7:09 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Grether v. South Point Pontiac/Cadillac, WD Texas
Replies: 0
Views: 71

Grether v. South Point Pontiac/Cadillac, WD Texas

Grether v. South Point Pontiac/Cadillac Slip Copy, 2014 WL 1350907 W.D.Tex.,2014. April 03, 2014 ORDER SAM SPARKS, District Judge. *1 BEIT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant's Motion to Dismiss [# 6]; and Defendant's Motion to Com...
by David A. Szwak
Thu Oct 09, 2014 7:08 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: Inetianbor v. CashCall, Inc., US 11th Cir. 2014
Replies: 0
Views: 73

Inetianbor v. CashCall, Inc., US 11th Cir. 2014

Inetianbor v. CashCall, Inc. --- F.3d ----, 2014 WL 4922225 C.A.11 (Fla.),2014. October 02, 2014 Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 0:13–cv–60066–JIC. Before MARTIN, Circuit Judge, and RESTANI,FN* Judge, and HINKLE,FN** District Judge. ...
by David A. Szwak
Thu Oct 09, 2014 5:32 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: LOUISIANA - APPEAL TO COURT OF APPEAL -DEFEATING ARB EFFORT
Replies: 2
Views: 78

Re: LOUISIANA - APPEAL TO COURT OF APPEAL -DEFEATING ARB EFF

SUPPLEMENTAL MEMO/BRIEF COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA DOCKET NO. 43,567-CA CHASE BANK USA, N.A. APPELLEE VERSUS VINCENT L. LEGGIO APPELLANT ON APPEAL FROM THE SHREVEPORT CITY COURT IN THE PARISH OF CADDO, STATE OF LOUISIANA DOCKET NO. 2007R04188 HONORABLE DAVID RABB, AD HOC CITY...
by David A. Szwak
Thu Oct 09, 2014 5:30 am
Forum: FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
Topic: LOUISIANA - APPEAL BRIEF RE BANK'S EFFORT TO ENFORCE ARB
Replies: 2
Views: 77

Re: LOUISIANA - APPEAL BRIEF RE BANK'S EFFORT TO ENFORCE ARB

SUPPLEMENTAL MEMO/BRIEF COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA DOCKET NO. 43,567-CA CHASE BANK USA, N.A. APPELLEE VERSUS VINCENT L. LEGGIO APPELLANT ON APPEAL FROM THE SHREVEPORT CITY COURT IN THE PARISH OF CADDO, STATE OF LOUISIANA DOCKET NO. 2007R04188 HONORABLE DAVID RABB, AD HOC CITY...
by David A. Szwak
Thu Oct 09, 2014 5:28 am
Forum: FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
Topic: LOUISIANA - APPEAL BRIEF RE BANK'S EFFORT TO ENFORCE ARB
Replies: 2
Views: 77

Re: LOUISIANA - APPEAL BRIEF RE BANK'S EFFORT TO ENFORCE ARB

COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA DOCKET NO. 43,567-CA CHASE BANK USA, N.A. APPELLEE VERSUS VINCENT L. LEGGIO APPELLANT ON APPEAL FROM THE SHREVEPORT CITY COURT IN THE PARISH OF CADDO, STATE OF LOUISIANA DOCKET NO. 2007R04188 HONORABLE DAVID RABB, AD HOC CITY COURT JUDGE APPEAL BY D...
by David A. Szwak
Thu Oct 09, 2014 5:25 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: LOUISIANA - APPEAL TO COURT OF APPEAL -DEFEATING ARB EFFORT
Replies: 2
Views: 78

Re: LOUISIANA - APPEAL TO COURT OF APPEAL -DEFEATING ARB EFF

REPLY BRIEF COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA DOCKET NO. 43,567-CA CHASE BANK USA, N.A. APPELLEE VERSUS VINCENT L. LEGGIO APPELLANT ON APPEAL FROM THE SHREVEPORT CITY COURT IN THE PARISH OF CADDO, STATE OF LOUISIANA DOCKET NO. 2007R04188 HONORABLE DAVID RABB, AD HOC CITY COURT JUDGE...
by David A. Szwak
Thu Oct 09, 2014 5:16 am
Forum: FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
Topic: LOUISIANA - APPEAL BRIEF RE BANK'S EFFORT TO ENFORCE ARB
Replies: 2
Views: 77

LOUISIANA - APPEAL BRIEF RE BANK'S EFFORT TO ENFORCE ARB

THIS CASE WAS WON IN THE LA. APP. 2D CIRCUIT COURT OF APPEAL THERE WERE 4 CASES: WE WON 3 OF 4; 4TH CASE WAS APPEALED BY CREDITOR AND THE CREDITOR DISMISSED THE APPEAL AFTER CLEAR INDICATION OF THE COURT'S HOLDINGS IN 1ST 3 APPEALS. 3 CASES APPEALED BY LEGGIO 1 CASE APPEALED BY CREDITOR BANK AFTER T...
by David A. Szwak
Thu Oct 09, 2014 5:14 am
Forum: Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Topic: LOUISIANA - APPEAL TO COURT OF APPEAL -DEFEATING ARB EFFORT
Replies: 2
Views: 78

LOUISIANA - APPEAL TO COURT OF APPEAL -DEFEATING ARB EFFORT

THIS CASE WAS WON IN THE LA. APP. 2D CIRCUIT COURT OF APPEAL THERE WERE 4 CASES: WE WON 3 OF 4; 4TH CASE WAS APPEALED BY CREDITOR AND THE CREDITOR DISMISSED THE APPEAL AFTER CLEAR INDICATION OF THE COURT'S HOLDINGS IN 1ST 3 APPEALS. 3 CASES APPEALED BY LEGGIO 1 CASE APPEALED BY CREDITOR BANK AFTER T...
by David A. Szwak
Wed Oct 08, 2014 6:33 pm
Forum: Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
Topic: OPPOSITION TO MOTION FOR PROTECTIVE ORDER
Replies: 1
Views: 83

Re: OPPOSITION TO MOTION FOR PROTECTIVE ORDER

in Zahran v. Trans Union Corp., Not Reported in F.Supp.2d, 2002 WestLaw 31010822 [U.S.D.C. N.D. Ill. 2002], plaintiffs brought action against the credit reporting agencies alleging violation of the Fair Credit Reporting Act. One credit reporting agency moved for protective order and requested that c...
by David A. Szwak
Wed Oct 08, 2014 6:33 pm
Forum: FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.
Topic: FCRA was enacted to protect consumers from errors
Replies: 0
Views: 99

FCRA was enacted to protect consumers from errors

In Cairns v. GMAC Mortg. Corp., Slip Copy, 2007 WestLaw 735564 [U.S.D.C. Ariz. 2007] (No. CIV 04-1840-PHX-SMM.), the court stated: “Equifax is a national consumer credit reporting agency that assembles and produces credit reports for use by its clients in evaluating the potential credit risk of cons...

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