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20 opinions for “Taylor v. Empire Funding Corp.”
Pfeifer, J. {¶ 1} This case began with a default on credit-card debt by an Ohio consumer. It reaches this court because that consumer alleged violations of the federal Fan-Debt Collection Practices Act (“FDCPA”), 15 U.S.C. 1692 et seq., and the Ohio Consumer Sales Practices Act (“OCSPA”), R.C. 1345.01 et seq., by the entities that purchased her debt and were involved in suing her to collect on it. Today, we determine several
COHEN, J., The court has before it the post-verdict motions of defendant CoreStates Bank NA., as well as post-verdict motions of defendants American Financial Mortgage Corporation, Thomas F. Flatley, and plaintiff Pioneer Commercial Funding Corporation which were filed in the aftermath of a long, bitterly contested trial. Testimony in this matter began on June 2, 2000. The jury returned a verdict on July 26,
Scott McMahon v. LVNV Funding, LLCpublic domain
WOOD, Chief Judge. The underlying question presented by these two appeals, which we have consolidated for purposes of an opinion, relates to the circumstances under which a dunning letter for a time-barred debt could mislead an unsophisticated consumer to believe that the debt is enforceable in court, and thereby violate the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C
Consumer Fin. Prot. Bureau v. RD Legal Funding, LLCpublic domain
Loretta A. Preska, Senior United States District Judge *744Table of Contents I. Factual Background...746 a. The NFL Class Members...746 b. September 11, 2001 James Zadroga Victims Compensation Fund Eligible Claimants...747 c. The Purchase Agreements...747 d. Claims A
Avalos v. LVNV Funding, LLC (In re Avalos)public domain
MEMORANDUM OPINION DENYING LVNV’S MOTION. TO DISMISS Jack B. Schmetterer, United States Bankruptcy Judge This Adversary Proceeding relates to the bankruptcy case filed by debtor-defendant Rose I. Avalos (“Debtor”) under Chapter 13 of the Bankruptcy Code. LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services LP (“Resurgent,” collectively the “Claimants”) filed proofs of claim for debts that were past t
BlueHippo Funding, LLC v. McGrawpublic domain
609 F.Supp.2d 576 (2009) BLUEHIPPO FUNDING, LLC, a Maryland limited liability corporation and BlueHippo Capital, L.L.C., a Nevada limited liability corporation, Plaintiffs v. Darrell V. McGRAW, Jr., in his official capacity as Attorney General of the State of West Virginia, and Virgil T. Helton, in his official capacity as Secretary of the Department of Revenue of the State of West Virginia, Defendants. Civil Action No. 2:07
Aubin v. Residential Funding Co., LLCpublic domain
565 F.Supp.2d 392 (2008) Norman AUBIN and Holly Aubin, Plaintiffs, v. RESIDENTIAL FUNDING COMPANY, LLC and Fremont Investment & Loan, Defendants. No. 3:07cv302 (MRK). United States District Court, D. Connecticut. July 11, 2008. *393 Andrew G. Pizor, Daniel S. Blinn, Consumer Law Group, Rocky Hill, CT, for Plaintiffs. G
Empire World Towers, LLC v. CDR Créances, S.A.S.public domain
ROTHENBERG, J. THE FACTUAL AND PROCEDURAL HISTORY I. Background Leon Cohen, Maurice Cohen, and Sonia Cohen (collectively, the “Cohens”) appeal from a final order granting CDR Créanees’ (the “Bank”) motion to strike the defendants’ pleadings and enter a default judgment based on fraud on the court (the “Motion to Strike”). Lea Cohen and thirty-four Florida corpor
660 F.Supp.2d 492 (2009) EMPIRE ENTERPRISES JKB, INC., Plaintiff, v. UNION CITY CONTRACTORS, INC., Nova Casualty Company, and Nova American Groups, Inc., Defendants. No. 05-CV-6461P. United States District Court, W.D. New York. September 25, 2009. *494 Anthony J. Adams, Jr., Christian M. Nadler, Gates & Adams, P.C., Rochester
memorandum and order JOSEPH F. BIANCO, District Judge. Plaintiff Star Multi Care Services, Inc. (“plaintiff’ or “Star”) initiated this action in the Supreme Court of the State of New York, County of Suffolk, on February 12, 2013. The state-court .complaint alleges that defendant Empire Blue Cross Blue Shield (“defendant” or “Empire”) breached a contract to pay for home health care services provided by Sta
Chavez v. Occidental Chem. Corp.public domain
Paul A. Engelmayer, United States District Judge In 1993, a group of individuals from countries including Costa Rica, Ecuador, and Panama filed a putative class action in Texas state court against a number of *522chemical manufacturers including, among others, the defendant here, Occidental Chemical Corp. ("Occidental"). The plaintiffs had all
People v. Taylorpublic domain
Read, J. (dissenting). In People v LaValle (3 NY3d 88 [2004]), the death sentence was vacated because the trial judge gave a coercive deadlock instruction to the jury. But no such coercive instruction was given in this case. Here, defendant John Taylor’s death sentence is vacated on the basis of a non-coercive deadlock instruction. Fair-minded citizens might well be forgiven
Chevron Corp. v. Donzigerpublic domain
KEARSE, Circuit Judge: Defendants-appellants Steven Donziger, Donziger & Associates, PLLC, and the Law Offices of Steven R. Donziger (collectively the “Donziger Firm” or “Firm”), and defendants-appellants Hugo Gerardo Camacho Naranjo (“Camacho”) and Javier Piaguaje Payaguaje (“Piaguaje”), appeal from a judgment of the United St
Compressor Engineering Corp. v. Thomaspublic domain
OPINION AND ORDER: (1) GRANTING PLAINTIFF’S MOTION TO CERTIFY A CLASS AND APPOINTING CLASS COUNSEL (ECF NO. 82); (2) GRANTING PLAINTIFF’S MOTIONS FOR LEAVE TO FILE SUPPLEMENTAL CASE AUTHORITY (ECF NOS. 92, 99, 110); AND (3) DENYING DEFENDANT’S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL LEGAL MEMORANDUM (ECF NO. 96) PAUL D. BORMAN, UNITED STATES DISTRICT JUDGE Before th
Cnty. of San Mateo v. Chevron Corp.public domain
ORDER GRANTING MOTIONS TO REMANDVINCE CHHABRIA, United States District Judge *937The plaintiffs' motions to remand are granted.Because federal common law does not govern the plaintiffs' claims, it also does not preclude them from asserting the state law claims in these lawsuits. Simply put, these cases should not have be
Altera Corp. v. Comm'rpublic domain
ALTERA CORPORATION AND SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, RespondentAltera Corp. v. Comm'rDocket Nos. 6253-12, 9963-12United States Tax Court
Chevron Corp. v. Donzigerpublic domain
OPINION LEWIS A. KAPLAN, District Judge. Editor Note: The paragraphs related to headnotes 1-105 are found on the supplemental pieces of this opinion on Westlaw. Part 1 is 2014 WL 815553; Part 2 is 2014 WL 815613; Part 3 is 2014 WL 815715; Part 4 is 2014 WL 815869 [Head-notes 1-2]; Part 5 is 2014 WL 815923 [Headnotes 3-51]; Part 6 is 2014 WL 815961 [Headnotes 52-87]; Part 7 is 2014 WL 816086 [Headnotes 88-
919 N.E.2d 565 (2010) KENTUCKY NATIONAL INSURANCE COMPANY, Appellant, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Alpha Leasing Co., Inc., Todd Royse, Julie Speakes, Huntington National Bank, Huntington LT, and Unknown Insurance Co., William "Bill" Ward, and Ronald J. Carney, Appellees. Empire Fire and Marine Insurance Company, Cross-Appellant, v. Kentucky National Insurance Company and Alpha Leasing Co., Inc., Cross-Appellees.<
Verso Corp. v. Fed. Energy Regulatory Comm'npublic domain
Opinion for the Court filed by Circuit Judge WILKINS. In Louisiana Public Service Commission v. Federal Energy Regulatory Commission , this Court affirmed FERC's denial of refunds in a cost-allocation case, upholding its discretion to deny refunds where a flaw in rate design caused the costs to be borne disproportionately among customers. See
Jeffrey Alker Meyer, United States District Judge It is a common practice for doctors and other medical providers to seek authorization from a patient's insurance company before agreeing to provide expensive medical care. As often as not, the provider calls the insurance company and receives what it understands to be a pre-authorization. But sometimes the insurance company ends up deciding not to pay for what the provider thought wa