CONTACT CAREERS OUR FIRM SERVICES ATTORNEYS OFFICES INSIGHTS BLOGS CLIENT RESOURCES COVID-19 RESOURCES Blogs | Litigation and Commercial Law LATEST POSTS BLOG TOPICS Eighth Circuit Bankruptcy Monitor (13) BLOG EDITORS Ryan C. Hardy T 314.333.3922 rhardy@spencerfane.com Patrick T. (Pat) McLaughlin T 314.333.3906 pmclaughlin@spencerfane.com LITIGATION AND DISPUTE RESOLUTION GROUP Overview Attorneys 11.10.2021 Top Tips for Handling Large Acquisition Projects By Nicole Karam, Jamie N. Cotter In connection with large public works projects, negotiating voluntary acquisitions with each landowner is generally the most efficient and preferable method to secure the property rights necessary to complete the project. However, although most property interests are acquired voluntarily, initiating condemnation proceedings against select landowners is oftentimes necessary to ensure the timely completion of many public utility projects. To that end, below are some top tips for handling large acquisition projects so as to minimize the need for condemnation: 06.30.2021 United States Supreme Court Holds That Plaintiffs Must Suffer Concrete Harm to Sue in Federal Court By Jacob Hollars, Jamie N. Cotter As part of the flurry of its end-of-term opinions, the U.S. Supreme Court recently issued its opinion in TransUnion LLC v. Ramirez, 594 U.S. ____ (2021) confirming that plaintiffs who have suffered no concrete harm have no standing to sue in federal court under Article III of the U.S. Constitution. As Justice Kavanaugh succinctly put it in writing for the five justice majority, “No concrete harm, no standing.” 06.02.2021 Did my Client Just Waive Privilege?! By Deena Duffy For any attorney, whether new or seasoned, this can be a terrifying possibility. Privilege waivers can happen at any time and can have devastating consequences for your client’s case. This possibility is made even more precarious when one considers that jurisdictions have varying guidelines when it comes to what constitutes a waiver. 04.22.2021 The Eleventh Circuit Calls Into Question the use of Letter Vendors as Violative of the FDCPA By Jamie N. Cotter The Eleventh Circuit in Hunstein v. Preferred Collection and Management Services, Inc. issued an opinion yesterday that confronted an issue of first impression, namely, whether a debt collector can use a third party vendor to send collection letters without violating the Fair Debt Collection Practices Act (“FDCPA”). The facts were simple. The defendant/debt collector used a third party letter vendor to send an initial “dunning” letter to the plaintiff/consumer. In doing so, the defendant provided the vendor with the plaintiff’s name, his outstanding balance, the fact that his debt resulted from his son’s medical treatment, and his son’s name. The plaintiff filed a lawsuit alleging that the defendant violated the FDCPA by disclosing his personal information to the third-party vendor. 04.02.2021 The Third Circuit Explains That the ‘Least Sophisticated Consumer’ is Presumed to Have a Willingness to Read Collection Letters With Care By Jamie N. Cotter, Kersten Holzhueter In the recent Third Circuit opinion rendered in Moyer v. Patenaude & Felix, A.P.C., the plaintiff brought a putative class action alleging that Patenaude & Felix violated the Fair Debt Collection Practices Act (“FDCPA”) by sending her a single collection letter. The letter advised the plaintiff that her debt had been assigned to the firm and stated: “If you wish to eliminate further collection action, please contact us at 800-832-7675 ext. 8500.” The letter then went on to advise the plaintiff of her validation rights under §1692g. Resolution of the alleged class action claims required the Third Circuit to decide whether the inclusion of the single sentence inviting a call would confuse the least sophisticated consumer. 04.01.2021 The Minnesota Supreme Court Determines Retailer Cannot Claim a Sales Tax Offset Based on Uncollectible Debts By Karen Olson The Minnesota Supreme Court recently ruled that a large home improvement retailer cannot claim a sales tax offset based on uncollectible debts from purchases made on its private label credit card, in the case Menard, Inc. v. Commissioner of Revenue, case number A20-0241. The home improvement retailer, attempted to offset its sales tax liability pursuant to Minnesota Statues § 297A.81, subd. 1 that allows a taxpayer to offset against its current sales tax liability taxes “previously paid as a result of any transaction the consideration for which became a debt owed to the taxpayer that became uncollectible during the reporting period.” 03.15.2021 After CFPB Refuses to Change FDCPA’s Strict Liability, Ninth Circuit Permits Bona Fide Error Defense for Statute of Limitations Mistake By Kersten Holzhueter The Consumer Financial Protection Bureau (CFPB) recently considered eliminating strict liability for one category of claims under the Fair Debt Collection Practices Act (FDCPA): claims asserting that a debt collector brought or threatened to bring legal action to collect a time-barred debt. The proposed revision to Regulation F would have required consumers to show that a debt collector knew or should have known the debt was outside the statute of limitations. Advocates for the change argued that strict liability was inappropriate because a debt collector can reach the wrong conclusion about a state’s application of the statute of limitations even after a thorough investigation and a consumer can raise the issue as an affirmative defense if he/she disagrees with the collector’s conclusion. Debt Collection Practices (Regulation F), 86 FR 5766-01 (Jan. 19, 2021). 03.08.2021 Confusion and Anxiety Fail to Satisfy a Plaintiff’s Burden Under the Fair Debt Collection Practices Act By Jamie N. Cotter, Kersten Holzhueter The Fair Debt Collection Practices Act (“FDCPA”) was enacted in 1977 to eliminate abusive debt collection practices. 15 U.S.C. § 1692(e). To further that goal, section 1692e of the FDCPA prohibits a debt collector from using false, deceptive, and misleading representations; section 1692f prohibits a debt collector from using unfair or unconscionable means; and, section 1692g requires a debt collector to provide certain information (the amount of the debt, name of creditor, and explanation of right to dispute a debt) to a consumer. 02.16.2021 In Between a Rock and a Hard Place By Jamie N. Cotter Condemning Property When in the Process Of Obtaining Development Approvals Typically, special districts in Colorado are required by local municipalities to construct various improvements in order to move forward to develop property. These requirements can be imposed before, during, and after certain development approvals are obtained. Special districts can find themselves in between a proverbial rock and a hard place when seeking to move forward with condemnation to construct improvements before having formal approval to move forward with the larger development. 02.03.2021 Since When do Attorneys Have to Pay the Opposing Counsel Fees?! By Deena Duffy Attorneys can be Held Responsible for Opposing Legal Fees if Discovery Rules are Neglected This may be a question that has never crossed your mind. If so, then good for you. It means you’ve likely never been faced with sanctions. However, just because you haven’t, doesn’t mean you shouldn’t be aware of the possibility. 1 2 3 … 11 › Showing 1-10 of 107 results View All RECENT NEWS 11.22.2021 A.J. Ferate Selected for Attorney General-Elect Miyares’s Transition Team 11.19.2021 Spencer Fane Represents BTC Bank in Two Acquisitions 11.18.2021 A.J. Ferate Analyzes Tribal Law Case Related to COVID-19 Relief STAY CONNECTED Subscribe to our email list. 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