Grand Rapids, MI
Litigation Lawyer at Grand Rapids, MI
Practice Areas: Litigation, Consumer Protection ... +3 more
OUTCOME: Partial summary judgment granted to consumer plaintiff
Granting summary judgment to mortgagor on claims that loan servicer violated consumer protection laws in foreclosing and demanding repayment of an excessive debt. Denying summary judgment to loan servi ... cer on wrongful foreclosure claims.
OUTCOME: Law firm defendant's motion to dismiss denied. Case subsequently settled
Plaintiff alleged violations of federal Fair Debt Collection Practices Act when law firm demanded payment of a mortgage loan debt without providing disclosures required by law.
OUTCOME: Lower court's decision dismissing case overturned on appeal
Consumer class action alleging that debt collection law firms (Mary Jane M. Elliott P.C. and Berndt & Associates) and debt buyers (Midland Funding, Encore Capital Group, LVNV Funding) violated debt col ... lection laws by charging excessive interest on state-court judgments.
OUTCOME: Loan servicer's motion to dismiss denied. Case later settled.
Consumer brought suit against prior servicer of mortgage loan after servicer failed to honor loan modification agreed to and signed by both consumer and servicer.
OUTCOME: Loan servicer's motion to dismiss denied. Case later settled.
Consumer brought suit against prior servicer of mortgage loan after servicer failed to honor loan modification agreed to and signed by both consumer and servicer.
OUTCOME: After bench trial, verdict and judgment entered in favor of consumer/purchaser
Auto dealer repossessed vehicle claiming nonpayment, then sued purchaser for alleged deficiency. Purchaser counterclaimed for conversion under Michigan law, claiming dealer did not have the legal right ... to repossess the vehicle.
OUTCOME: Case settled subsequent to reported decision denying summary judgment
Consumer protection case brought under the Fair Credit Reporting Act ("FCRA"). After consumer's dispute of inaccurate credit information was rejected by Experian without investigation, consumer brought ... suit alleging violation of FCRA. The court rejected Experian's motion for summary judgment, holding that the consumer had constitutional standing to bring claims and that genuine issues of material fact existed as to damages and whether punitive damages for a willful violation were available.
OUTCOME: Case settled and class settlement was approved by the court after contested motion for class certification was granted
Consumer class action brought against default loan servicer for alleged violations of Fair Debt Collection Practices Act ("FDCPA") in servicer's communications to debtors.
OUTCOME: District court adopted bankruptcy court's recommendation and entered judgment exceeding $75 million.
Bank was the commercial line bank for a company running a multi-million-dollar Ponzi-like fraud scheme. Bankruptcy trustee brought avoidance claims against the bank to recover money fraudulently obtai ... ned from creditors of a company involved in the scheme, alleging the bank was willfully blind to the obvious fraudulent nature of the transfers it received. After trial, the bankruptcy court found the bank could not prove it accepted transfers in good faith and recommended entry of judgment exceeding $75 million.
OUTCOME: Cost bond was rejected on appeal and reduced to $5,000
Consumer class action challenging Western Union's retention of uncompleted transfer funds belonging to its customers. The district court rejected objections to a proposed class settlement, then impose ... d a $1 million "cost bond" on objectors as a condition of appeal.
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