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United States: Supreme Court Rules On Non-Judicial Foreclosure Under The Fair Debt Collection Practices Act - Cadwalader, Wickersham & Taft LLP

On March 20, 2019, the Supreme Court ruled in the case of Obduskey v. McCarthy & Holthus LLP that a law firm that carries out non-judicial foreclosure proceedings would not be considered a "debt collector"
Tags: News, Supreme Court, United States, Taft LLP, Obduskey, McCarthy Holthus LLP


United States: Law Firms Engaging In Non-Judicial Foreclosure Are Not "Debt-Collectors" Under FDCPA - Cadwalader, Wickersham & Taft LLP

On March 20, 2019, the Supreme Court of the United States ruled in the case of Obduskey v. McCarthy & Holthus LLP No. 17-1307 that a law firm conducting non-judicial foreclosure proceedings
Tags: News, Supreme Court, United States, Cadwalader Wickersham, Taft LLP, Obduskey, McCarthy Holthus LLP


United States: Unanimous But Narrow SCOTUS Ruling On Fair Debt Collection Practices Act - Morrison & Foerster LLP

On March 20, 2019, the Supreme Court unanimously ruled in Obduskey v. McCarthy & Holthus LLP that a business engaged in non-judicial foreclosure is not subject to all of the requirements
Tags: News, Supreme Court, United States, Morrison, Foerster LLP, Obduskey, McCarthy Holthus LLP


Monday round-up

This morning the court begins the second week of the March sitting with two oral arguments. First up is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., which asks whether the Hobbs Act, a jurisdictional-channeling statute, requires courts to accept the Federal Communications Commission’s interpretation of a statute allowing recipients of “junk faxes” to sue the senders for damages. Christopher Walker previewed the case for this blog. Luís Lozada and Isaac Syed have a preview at Cornell L...
Tags: Mississippi, Maryland, Supreme Court, Law, Washington Post, Bloomberg, Ford, Federal Communications Commission, Nielsen, North Carolina, Flowers, Patterson, Cornell, South, Walgreen, Round-up


Thursday round-up

Mark Walsh has a first-hand look at yesterday’s argument in Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution, for this blog. At NPR, Nina Totenberg reports that the court “signaled strongly … that it is likely to rule for a death row inmate in Mississippi who was prosecuted six times for the same crime by a prosecutor with a history of racial bias in jury selection.” At The National...
Tags: Mississippi, Supreme Court, Law, America, Bloomberg, Indiana, Kansas, Npr, Nielsen, Flowers, Wall Street Journal, Los Angeles Times, Economist, Round-up, Frank, Garcia


A “view” from the courtroom: Trials of Mississippi

Today will bring an intense hour of argument about race in jury selection in the case of a Mississippi man who has been tried six times by the same prosecutor, which will culminate in a series of short questions by Justice Clarence Thomas, his first during oral argument in three years. But first, there are a couple of lighter moments. Justice Thomas questions petitioner’s lawyer in Flowers v. Mississippi (Art Lien) Chief Justice John Roberts announces that Justice Stephen Breyer has the co...
Tags: Google, Featured, Mississippi, Supreme Court, Law, Washington, Kentucky, Walmart, United States, New Jersey, Davis, Manhattan, Evans, Nielsen, Johnson, Flowers


Live blog of opinions (Update: Completed)

We live-blogged as the Supreme Court released opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos. SCOTUSblog is sponsored by Casetext: A more intelligent way to search the law. The transcript of the live blog is available below and at this link.  The post Live blog of opinions (Update: Completed) appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Live, Frank, Obduskey, McCarthy Holthus LLP


Empirical SCOTUS: Looking back to assess the potential future of oral arguments

Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the court shifted, but so has its center, with the departure of Justice Anthony Kennedy. Oral arguments offer the only vantage point into the interactions and dynamics between the justices and provide some context for how they might vote, along with possible voting coalitions. Through this lens we can get a sense of how these changes affected existing and newly appointed justices. This situat...
Tags: Supreme Court, Law, United States, Wyoming, Ruth Bader Ginsburg, Kennedy, Antonin Scalia, Ward, John Roberts, Roberts, Gamble, Ginsburg, Alito, Lambert, Sotomayor, Stephen Breyer


Tuesday round-up

Briefly: In the wake of the recent decision by the U.S. Court of Appeals for the 9th Circuit in Robles v. Domino’s Pizza, holding that the ADA requires businesses to make websites accessible to the disabled, NFIB urges the Supreme Court to “clarify, once and for all, whether the ADA covers digital spaces.” In The National Law Journal, Courtenay Brinckerhoff and Daniel Shelton look at Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., in which the court held that the sale of an invention ...
Tags: Supreme Court, Law, Ada, Domino, Round-up, Albrecht, Greenwire, NFIB, U S Court of Appeals, Teva Pharmaceuticals USA Inc, Leahy Smith America, Ellen Gilmer, Merck Sharp Dohme Corp, Helsinn Healthcare S A, Mary Reichard, Ralph Lancaster


OT2018 #14: “Decent Take”

Dan Epps and Leah Litman are joined by Danielle D’Onfro to break down the first week of the January sitting. We catch you up on everything the Supreme Court has been up to — including Justice Brett Kavanaugh’s very first majority opinion — before recapping oral arguments in Herrera v. Wyoming, Obduskey v. McCarthy & Holthus LLP and Franchise Tax Board v. Hyatt. The post OT2018 #14: “Decent Take” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Hyatt, Herrera, Leah Litman, Brett Kavanaugh, Tax Board, Dan Epps, First Mondays, Danielle D Onfro, McCarthy Holthus LLP, Wyoming Obduskey


Monday round-up

This morning the justices begin the second week of the January sitting with two oral arguments. First up is Thacker v. Tennessee Valley Authority, in which the court will decide whether an implied discretionary function exception bars a negligence claim against the TVA. Gregory Sisk previewed the case for this blog. Ushin Hong and Russell Mendelson have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in Rimini Street Inc. v. Oracle USA Inc., which...
Tags: Supreme Court, Law, Congress, White House, Court, United States, Wyoming, New York Times, Fox News, Npr, Oklahoma, Ruth Bader Ginsburg, Cornell, Hyatt, Round-up, Reuters


Thursday round-up

Richard Re has this blog’s analysis of yesterday’s argument in Franchise Tax Board of California v. Hyatt, in which the justices considered whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Mark Walsh provides a first-hand view of the argument for this blog. For The Washington Post, Robert Barnes reports that during the argument, “two of the court’s most experienced practitioners recounted the founding of the union and the framing ...
Tags: Supreme Court, Law, Indiana, Wyoming, Tennessee, The Washington Post, Hyatt, Round-up, Robert Barnes, Blair, Adam Liptak, Jess Bravin, Brent Kendall, Henry Schein Inc, Mark Walsh, Jessica Mason Pieklo


Argument analysis: Searching for the least unnatural reading

The second argument on Monday was in Obduskey v. McCarthy Holthus LLP, a case about whether law firms that handle nonjudicial foreclosures are “debt collectors” within the meaning of the Fair Debt Collection Practices Act. If the argument clarified anything, it’s that the FDCPA is a messy statute. This case arises from a crowded corner of consumer law involving significant state and federal regulations that do not always play well together. Colorado foreclosure law requires a firm initiating a n...
Tags: Featured, Law, Congress, Colorado, United States, Ruth Bader Ginsburg, Bond, Mccarthy, Wells Fargo, Fdcpa, Sonia Sotomayor, John Roberts, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Tuesday round-up

Today the Supreme Court will hear oral argument in two cases. The first is Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest. Gregory Ablavsky previewed the case for this blog. Cecilia Bruni and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. At Bloomberg Law, Jordan Rubin reports that this is “the third high court clash this term asking the justices to parse an old treaty’s modern e...
Tags: Supreme Court, Law, Ap, United States, Wyoming, Missouri, House Of Representatives, Davis, Sudan, Usa Today, Donald Trump, Ruth Bader Ginsburg, Doj, The Washington Post, Cornell, Trump


Argument transcripts

The transcript of oral argument in Merck Sharp & Dohme Corp. v. Albrecht is available on the Supreme Court’s website; the transcript in Obduskey v. McCarthy & Holthus LLP is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Albrecht, Merits Cases, Merck Sharp Dohme Corp, Obduskey, McCarthy Holthus LLP


Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up


This week at the court

The Supreme Court will release additional orders from the January 4 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m. On Monday, the justices hear oral argument in Merck Sharp & Dohme Corp. v. Albrecht and Obduskey v. McCarthy & Holthus LLP. On Tuesday, the justices hear oral argument in Herrera v. Wyoming and Fourth Estate Public Benefit Corp. v. Wall-Street.com. On Wednesday, the justices hear oral argument in Franchise Tax Board of California v. Hyatt....
Tags: Supreme Court, Law, Wyoming, Hyatt, Albrecht, Herrera, This Week at the Court, Franchise Tax Board of California, Merck Sharp Dohme Corp, Fourth Estate Public Benefit Corp, Obduskey, McCarthy Holthus LLP


Argument preview: Is foreclosure debt collection?

Alpha Stock Images – http://alphastockimages.com/ This is a case in which the more precise you think the statutory language is, the less obvious the right answer becomes. The question presented in Obduskey v. McCarthy Holthus LLP is whether the definition of “debt collector” under the Fair Debt Collection Practices Act includes attorneys who effect nonjudicial foreclosures. This case is difficult, not because the statutory language is inherently ambiguous, but because words like “debt” and “f...
Tags: Featured, Supreme Court, Law, Congress, Colorado, United States, Naacp, Mccarthy, Wells Fargo, Fdcpa, U S Court of Appeals, Colorado Supreme Court, Brosnan, Constitutional Accountability Center, 10th Circuit, Merits Cases


Live blog of orders (Update: Completed)

We live-blogged to discuss Justice Anthony Kennedy’s retirement and the Supreme Court’s orders from its final conference of the term. Former Kennedy clerks Jeffrey Pojanowski and Michael Dorf joined us. The justices added seven new cases to their merits docket for next term: Herrera v. Wyoming, Fourth Estate Public Benefit Corp. v. Wall-Street.com, Gamble v. United States, Nieves v. Bartlett, Franchise Tax Board of California v. Hyatt, Obduskey v. McCarthy & Holthus LLP and Merck Sharp & Dohme C...
Tags: Supreme Court, Law, Live, Kennedy, Albrecht, Michael Dorf, Anthony Kennedy, Herrera, Merck Sharp Dohme Corp, United States Nieves, McCarthy Holthus LLP, Jeffrey Pojanowski, Wyoming Fourth Estate Public Benefit Corp, Wall Street com Gamble, Bartlett Franchise Tax Board of California, Hyatt Obduskey


Relist Watch: The final countdown

John Elwood provides his best guess about October Term 2017’s last relists. Every June, before the justices leave town, they have one last impromptu conference to consider – and usually dispose of – all the cases relisted after their last scheduled conference. In recent years, that has overwhelmingly happened on the last Monday of June, which is also typically when the court hands down the last opinions of the term; the resulting order list is usually released the following day. They’re running ...
Tags: Hope, Featured, Mississippi, Supreme Court, Greece, Law, Congress, Merck, Indiana, United States, Wyoming, Missouri, Idaho, Food And Drug Administration, Miami, Evans


Petition of the day

The petition of the day is: Obduskey v. McCarthy & Holthus LLP 17-1307 Issue: Whether the Fair Debt Collection Practices Act applies to non-judicial foreclosure proceedings. The post Petition of the day appeared first on SCOTUSblog.
Tags: Law, Cases in the Pipeline, Obduskey, McCarthy Holthus LLP