Galloway v. Santander Consumer USA Inc. (Lawyers Weekly No. 001-066-16, 29 pp.) (Traxler, J.) No. 15-1392, April 8, 2016; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: Although defendant lender asked for monthly car payments 86 cents higher than ...

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Dell Webb Communities Inc. v. Carlson (Lawyers Weekly No. 001-061-16, 23 pp.) (Diaz, J.) No. 15-1385, March 28, 2016; USDC at Beaufort, S.C. (Blatt, J.) 4th Cir. Holding: A district court erred in holding that it was up to an ...

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Peabody Holding Co. LLC v. United Mine Workers of America (Lawyers Weekly No. 001-053-16, 19 pp.) (Wilkinson, J.) No. 14-2032, March 8, 2016; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: In this dispute between the United Mine Workers ...

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Hayes v. Delbert Services Corp. (Lawyers Weekly No. 001-021-16, 23 pp.) (Wilkinson, J.) No. 15-1170, Feb. 2, 2016; USDC at Richmond, Va. (Gibney, J.) 4th Cir. Holding: A payday lender’s loan servicing agent cannot enforce an arbitration clause in this ...

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On Dec. 1, the Federal Rules of Civil Procedure were amended. The primary purpose of the amendments is to curtail discovery costs by making the courts and the parties focus on discovery that is “proportional to the needs of the ...

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In re Tant (Lawyers Weekly No. 003-016-15, 7 pp.) (David Duncan, C.J.) 14-03275; B.S.C. Holding: Given that the same issue is pending before an arbitrator, debtors’ counsel was forum shopping when he filed an objection to the creditor’s proof of ...

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NEW YORK (AP) — Suing your bank or debt collector might be getting a whole lot easier. The Consumer Financial Protection Bureau is considering new regulations that would severely curtail a contentious practice called mandatory arbitration, which is when consumers ...

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Longtime arbitrator Hoyt Wheeler is still smarting from a federal judge’s decision to overturn one of his arbitration awards. He had ordered a cable company to rehire an employee who was fired after allegedly exposing himself to an 8-year-old girl ...

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Chorley Enterprises Inc. v. Dickey’s Barbecue Restaurants Inc. (Lawyers Weekly No. 001-145-15, 39 pp.) (Floyd, J.) No. 14-1799, Aug. 5, 2015; USDC at Baltimore, Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: Two owners of Dickey’s barbecue restaurant franchises may try ...

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Flexon v. PHC-Jasper, Inc. (Lawyers Weekly No. 011-073-15, 16 pp.) (John Geathers, J.) Appealed from Jasper County Circuit Court (Brooks Goldsmith, J.) S.C. App. Holding: The appellant-parent company kept silent for more than seven months after its subsidiary filed its ...

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