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Seventh Circuit (Posner) Examines Role of Class Action Representative

WP Admin | Dec 6th, 2013

In this installment we look at the role of a class action representative through the 7th Circuit case Phillips v. Asset Acceptance, LLC authored by Judge Richard Posner in which the court of appeals reversed the denial of class certification stemming from the impermissible attempt to collect debts after the expiration of the applicable statute of limitation.

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Pavlack Law Scores Appellate Victory in Putative Class Action Case: Bell v. The Bryant Company

WP Admin | Nov 29th, 2013

This week’s discussion focuses on the recent Indiana Court of Appeals case that found: (1) a Rule 12(C) motion in appropriate to determine class action allegations, (2) collection of late-fees are part of the "usual leasing services" of a property manager, and (3) that a property manager expressly acting as the agent of a property owner does not collect rent and fees for its own behalf.

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