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John Victor Mastriani
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John Mastriani’s Legal Cases

7 total

  • 2007-CV-02382: Sam Gachiengu v. Fia Card Services, In the Southern District of Texas

    Practice Area:
    Debt Collection
    Date:
    Aug 14, 2008
    Outcome:
    Landmark decision for Consumer against Banks
    Description:
    I represented Mr. Gachiengu in a case of first impression in the Fifth Circuit Federal Court wherein the court held in our favor that a litigant with an arbitration award had only one year to confirm the award. This limited the exposure of consumers and protected them from banks.
  • 14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A., In the 14th Court of Appeals Texas

    Practice Area:
    Debt Collection
    Date:
    Jul 14, 2006
    Outcome:
    Large Interest Rate Judgment Eradicated
    Description:
    Very important case putting more requirements on banks to properly prove interest and protecting consumers for banks without proper proof to get huge interest rate awards against consumers. I appealed a Citibank judgment that was awarded against Ms. Hay while she was represented by another attorney. The court held in favor on my argument that the bank did not properly supply the requisite information for interest.
  • NO. 09-06-283 CV: Bruce Clifton v. American Express, In the 9th Court of Appeals Texas

    Practice Area:
    Debt Collection
    Date:
    Sep 06, 2007
    Outcome:
    Overturned a Large Judgment on Appeal and Won at Trial
    Description:
    Our client was saved from a large American Express default judgment upon our successful appeal. When the case was tried again at the trial court level we also won and the client went from owing thousands to debt free on this particular account
  • The Misuse of Arbitration to Collect Consumer Debts

    Practice Area:
    Debt Collection
    Date:
    Jul 22, 2009
    Outcome:
    Enlightened U.S. House on Misuse of Arbitration to Collect Consumer debts
    Description:
    Mastriani was cited as authoritative by a Staff Attorney for Public Justice in his July 22, 2009, Testimony to the Subcommittee on Domestic Polic of the U.S. House of Representatives' Committee on Oversight and Government reform
  • 975081: Midland Funding, LL.C. v. Consumer, In the CCCL 1 of Harris County. Texas

    Practice Area:
    Debt Collection
    Date:
    Nov 02, 2011
    Outcome:
    Take Nothing Judgment in Favor of Consumer
    Description:
    I represented a consumer that was sued by a Debt Buyer. It was our first trial in front of the new Judge. We successfully defeated the Debt Buyers claims without our client having to testify at trial. Although we have won cases of this nature routinely we felt compelled to publish this one. We provided the court the necessary briefing and elucidation to make informed rulings of evidentiary issues such that Debt buyers would not be able to come to court with shoddy evidence. We of course lost money on this matter given the extensive briefing requirements but all cases are given equal weight and the zeal to vindicate are client's rights where practical overcomes monetary gain. We are confident that this decision will serve as precedent in this court on future rulings.
  • MASTRIANI REVERSES DISTRICT JUDGE

    Practice Area:
    Commercial
    Date:
    Apr 26, 2013
    Outcome:
    Successful Appeal of a District Court Judgment
    Description:
    In Cause # 01-12-01035-CV, I was retained after a District Judge had awarded a summary judgment against a party. Once retained I effectively brought the District Judge's errors to the Appellate Court and the Appellate Court Reversed the District Judge. The case related primarily to affidavits and their required content to win a summary judgment. I proved that the District Judge erred and the case was remanded to the District Court where a successful outcome was reached.
  • MASTRIANI REVERSES TRIAL JUDGE ON APPEAL

    Practice Area:
    Employment & Labor
    Date:
    Apr 10, 2014
    Outcome:
    Successful Appeal for Client
    Description:
    The trial court issued a temporary injunction on an employment contract covenant not to compete. Mastriani successfully appealed the temportary injunction snd the trial judge was reveresed