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Blog Posts in September, 2010

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  • Claims of unfair collection practices survive dismissal
    Claims of unfair collection practices survive dismissal

    Lesson : SAVE ALL VOICEMAILS AND LETTERS. TAKE CONTEMPORANEOUS NOTES. Case study : In response to debt collector's motion to dismiss under 12(b)(6) for failure to state a claim, plaintiff sufficiently ...

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  • Jesse Langel joins the Federal Bar Council
    Jesse Langel joins the Federal Bar Council

    I am pleased to announce my admittance into the Federal Bar Council. This organization consists of federal court practitioners within the Second Circuit (District Courts and Appellate Courts within ...

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  • New York Federal Court confirms negligence theory possible against consumer's credit card issuer
    New York Federal Court confirms negligence theory possible against consumer's credit card issuer

    Just because a case is a few years old does not mean its not a gem. In Colorado Capital v Owens, 227 FRD 181, 188 [EDNY 2005], at issue is whether a bank owes a duty of care to its debtor customers. ...

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