Articles Posted in US Court of Appeals for the Eighth Circuit

by
The Eighth Circuit reversed the district court's dismissal of plaintiff's complaint alleging that Gurstel violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692k(d), while collecting a consumer debt. The court held that plaintiff's brief did in fact challenge the district court's statute-of-limitations holding, and the district court should have focused on plaintiff's allegation and determined whether he plausibly alleged that Gurstel violated the FDCPA on that date. The court also held that plaintiff plausibly pleaded that Gurstel threatened to go to trial, but did not intend to proceed to trial when requesting the continuance, in violation of section 1692e(5), and the district court erred by dismissing plaintiff's claim that Gurstel's letter and discovery requests violated section 1692f(1). Accordingly, the court remanded for further proceedings. View "Demarais v. Gurstel Chargo, P.A." on Justia Law

by
Plaintiffs filed suit against several financial entities for foreclosing on a mortgage loan. The district court granted summary judgment for defendants. At issue were plaintiffs' claims under the Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. 407.020. The court affirmed and held that the foreclosure was justified because defendants had a right to foreclose on the house and thus the MMPA claim failed as a matter of law because the loss was not caused by any misconduct on behalf of defendants. Likewise, plaintiffs' tortious interference claim failed because the foreclosure was legal. View "Wheatley v. JP Morgan Chase Bank" on Justia Law

by
Plaintiff filed suit alleging that GCF violated the Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., by failing to clearly and conspicuously disclose the annual percentage rate (APR) and finance charge in his Retail Installment and Security Contract. The Eighth Circuit affirmed the district court's denial of plaintiff's motion for judgment as a matter of law where the Summary of Understanding was not completely integrated; the district court thus did not err in admitting parol evidence; and there was sufficient evidence to support GCF's affirmative defense of waiver. The court also affirmed the district court's denial of plaintiff's motion for a new trial where there was no record of what objections plaintiff would have raised had the district court turned on "white noise" during the initial portion of the trial, nor was he prejudiced; even if the district court erred by not sustaining plaintiff's objection to GCF's counsel's statement during closing argument, the statement was not such a magnitude that a new trial was warranted; the court rejected plaintiff's claims of error as to the discretionary evidentiary rulings; and there was no error in the district court's response to a jury question. View "Smiley v. Gary Crossley Ford, Inc." on Justia Law