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Description Date Docket #

THEOFEL v. FAREY-JONES

United States Ninth Circuit
Civil Procedure, Civil Rights, Communications Law, Consumer Protection Law, Cyberspace Law
Section 2701(c)(1) of the Stored Communications Act does not exempt defendant's conduct from a cause of action under the Act when defendant obtained...
02/17/2004 02-15742, 03-15301

JOHNSON v. MBNA AM. BANK, NA

United States Fourth Circuit
Banking Law, Consumer Protection Law
Section 1681s-2(b)(1) of the Fair Credit Reporting Act requires creditors, after receiving notice of a consumer dispute from a credit reporting...
02/11/2004 03-1235

THE BOSTON PILOTS v. THE MOTOR VESSEL MIDNIGHT GAMBLER

United States First Circuit
Admiralty, Commercial Law, Consumer Protection Law
Defendant's refusal to pay plaintiffs' pilotage fees, coupled with its repeated settlement offers below the total amount claimed, constituted a simple...
02/10/2004 02-1494

SAMUEL-BASSETT v. KIA MOTORS AM., INC.

United States Third Circuit
Civil Procedure, Class Actions, Consumer Protection Law
When the relevant facts are not in dispute or findings have been made, district courts should adhere to the "legal certainty" test, requiring a...
02/05/2004 03-1427

MIRFASIHI v. FLEET MORTGAGE CORP.

United States Seventh Circuit
Banking Law, Class Actions, Consumer Protection Law, Dispute Resolution & Arbitration
A negotiated settlement awarding nothing to the larger of two plaintiff classes should not have been approved. The district court failed to estimate...
01/29/2004 03-1069

MATEEL ENVTL. JUSTICE FOUND. v. EDMUND A. GRAY CO.

California Court of Appeal
Consumer Protection Law, Environmental Law, Water Law
Trial court erred in granting summary judgment to defendants, distributors of plumbing parts that allegedly discharge lead into drinking water in...
01/21/2004 A100075, A100279

KOZIKOWSKI v. TOLL BROS., INC.

United States First Circuit
Construction, Consumer Protection Law, Contracts, Injury & Tort Law, Property Law & Real Estate
Plaintiffs unsuccessfully appeal the grant of summary judgment to defendant. Their breach of warranty claims were time-barred, and their deceit claims...
12/31/2003 03-1460

AUTO. FUNDING GROUP, INC. v. GARAMENDI

California Court of Appeal
Consumer Protection Law, Insurance Law
A debt cancellation program offered by car finance lender was not insurance and therefore was not subject to regulation by the Department of...
12/23/2003 B164141

AUSHERMAN v. BANK OF AM. CORP.

United States Fourth Circuit
Banking Law, Consumer Protection Law
Plaintiffs presented no evidence that defendant willfully or negligently violated the Fair Credit Reporting Act and the analogous Maryland Consumer...
12/19/2003 03-1375

US v. ALPINE INDUS., INC.

United States Sixth Circuit
Antitrust & Trade Regulation, Consumer Protection Law, Government Law
District court properly imposed a permanent injunction and penalty against defendant for violations of an FTC Consent Order forbidding it from making...
12/19/2003 01-5759

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