United States Third Circuit

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Panico v. Portfolio Recovery Associates, LLC, 16-3852

Reversing a district court grant of summary judgment in the putative class action case of a plaintiff residing outside of Delaware that signed a contract with a choice-of-law provision requiring the application of Delaware law asserting that the defendant company violated the Fair Debt Collection Practices Act and the New Jersey Consumer Fraud Act by suing to collect debts after the Delaware statute of limitations had run because, although Delaware's tolling statute prevents the running of the statute of limitations to a party residing outside of Delaware because the plaintiff remained subject to service of process and the absurd result of the court's interpretation would be liability in perpetuity.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/01/02

Judges

  • RESTREPO

Court

  • United States Third Circuit

Counsel


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