Rush v. Portfolio Recovery Assocs. LLC, 2014 U.S. Dist. LEXIS 62962 (D.N.J. 2014)
May 07, 2014OUTCOME: Dismissed
FDCPA - denial of plaintiff's motion for reconsideration of court's prior order dismissing plaintiff's case
Flemington, NJ
Litigation Lawyer at Flemington, NJ
Practice Areas: Litigation, Ethics & Professional Responsibility
OUTCOME: Dismissed
FDCPA - denial of plaintiff's motion for reconsideration of court's prior order dismissing plaintiff's case
OUTCOME: Dismissed - On Appeal to 2nd Cir
Obtained dismissal of FDCPA, RICO and New York state common law and statutory claims prior to answer
OUTCOME: Class counsel's fee reduced to $130,000
Class Action - Opposition to class counsel's fee request of $433,000
OUTCOME: Dismissed - On Appeal to 3rd Cir
Defense of FDCPA claim in putative class action concerning securitized credit card debts
OUTCOME: Dismissal
Summary judgment dismissing FDCPA claim
OUTCOME: Dismissed subject to amendment of complaint
FDCPA putative class action claims dismissed - leave to file amended complaint allowed
OUTCOME: Defense Jury Verdict
Dismissal of intentional infliction of emotional distress and other claims -- single FDCPA claim survives for trial
OUTCOME: Dismissed
Dismissal of putative class action claim alleging violation of FDCPA
OUTCOME: Opposing counsel's fees reduced approximately 70%
Fee application under FDCPA reduced by 70% -- finds that attorneys not licensed or admitted pro hac cannot perform more than secondary consulting services
OUTCOME: Case dismissed
FDCPA claim dismissed -- agreement between plaintiff and defendant compells the claim be submitted to arbitration. Debt buyer's business records assigned from assignor of debt are admissible under busi ... ness compulsion rule