Found this....

JayinGR · 12-13-2006, 02:59 AM

While searching for cases in my district ruled on by the judge DW and I have...I came accross this..

It involves the Rooker Feldman Doctrine and those wonderful affidavits attys file to get a default. It is actually good CL I think...There is alot in there about class certification...

If its good can we put it in CL RB?

JayinGR · 12-13-2006, 03:15 AM

This was the judges first opinion on the plts 1st MSJ....GOOD read

roybean · 12-13-2006, 05:50 PM

Quote:

Originally Posted by JayinGR

While searching for cases in my district ruled on by the judge DW and I have...I came accross this..

It involves the Rooker Feldman Doctrine and those wonderful affidavits attys file to get a default. It is actually good CL I think...There is alot in there about class certification...

If its good can we put it in CL RB?

Sure...let me take a look at it. Might be a minute or two because I have to run out, but I'll be back shortly.

VexatiousLitigant · 12-13-2006, 09:33 PM

At least post a few choice sentences for the lazy people here...

DUSTY · 12-14-2006, 09:21 AM

LVNV sent me 2, latter admitted there were no records. Now they got another account on my CR. I was actually hoping they'd send another 'affidavit' for my collection.

For the lazy/ignorant does the Roocker thing deal with a Fed court not taking issues of state law. I'm really guessing here, but I did read it somewhere.

DUSTY · 12-14-2006, 10:06 AM

Guess I was right, not much on 'affidavits' but I have read them conclusion was:

"The FDCPA does permit class members to recover actual damages. However, the Rooker-Feldman doctrine bars actual damages from being based on the attorney fees component of the state court judgements."

Attorney had included a 'certain' amount for attorney fees with the 'debt'.

The class members were damaged by those fees being granted in the state courts.
The FDCPA Federal case can't consider those damages. Michigan's state consumer protection laws exempted the attorney, Federal didn't.

Apparently they can still collect the max. 'statutory' FDCPA class action the lesser of 1/2 mil. or 1% of law firms net worth.

JayinGR · 12-14-2006, 11:23 AM

Your not reading htem right. The second one in particular...The second one has hardly anyhting about class. It is mostly about the rooker feldman doctrine and those wonderful affidavits...

roybean · 12-14-2006, 03:17 PM

I am just reading this, but thus far it looks like a good read. I'll brb

centex · 12-14-2006, 04:14 PM

Talk about muddy waters...and quite frankly, a fee that was only triple-digit does not qualify as reasonable. They had to have spent at least two hours on the case. I know I don't work that cheap...

As to being good case law...I disagree except and unless someone has a specific claim surrounding the manner in which the fee was determined, which seems to have been the underlying issue (I have not looked at all of the filings on PACER). The underlying debt was the subject of a state claim and judgment against Stolicker, and even after getting the default set aside, it looks as though she screwed the pooch with the second bite at the apple.

roybean · 12-14-2006, 04:23 PM

I still haven't read it all because the phone keeps ringing, people keeping messing with me. I have alot of work to do to- I have days when I just can't seem to get with it. I will read it eventaully though.

JayinGR · 12-14-2006, 04:28 PM

Centex....

I dont know what reasonable atty's fees are as I have never dealt with them personally. But I can tell you that when I had a problem with an atty suing my mother and DW and I over a dispute with a collison shop (posted this on AOC) their fee's were only 161.00.

I am having a hard tiem grasping how them filing the affidavit they did alters the contract...Can you explain or provide some insight? It was my reading thoughts that the judge was attacking the affidavit I could be wrong though....

Since this is your area of expertise I appreciate any insight you may have on this...

Thanks

Jay

centex · 12-14-2006, 04:45 PM

Quote:

Originally Posted by JayinGR

Centex....

I dont know what reasonable atty's fees are as I have never dealt with them personally. But I can tell you that when I had a problem with an atty suing my mother and DW and I over a dispute with a collison shop (posted this on AOC) their fee's were only 161.00.

I am having a hard tiem grasping how them filing the affidavit they did alters the contract...Can you explain or provide some insight? It was my reading thoughts that the judge was attacking the affidavit I could be wrong though....

Since this is your area of expertise I appreciate any insight you may have on this...

Thanks

Jay

Jay, I only skimmed the 18 page Opinion on the MSJ's that were cross-filed. As I read the matter, it dealt with the document associated with the manner in which the fees were calculated ,with the plaintiff attacking the percentage basis as being contrary to the cardholder agreement.

Not having read any of the actual filings or viewed any of the referenced attachments, it is difficult to make an assessment beyond the cursory reading.

I've generally stayed out of the civil arena simply because there is not enough money in it. Too many people want contingent fees and are not willing to pay anything remotely close to what I currently bring in. All of our fee agreements are flat fee...none of this hourly crap. It is generally a five-figure minimum to get us into the playground. A discussion I had at lunch with a general practitioner just reinforced why I don't like dealing with little stuff like credit, wills or tenant crap...too much work for not enough money.