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Hernandez v. OCWEN Loan Servicing, LLC et al

First MOTION for Judgment as a Matter of Law

37 Cited authorities

  1. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,191 times   22 Legal Analyses
    Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

  2. Chapman v. AI Transport

    229 F.3d 1012 (11th Cir. 2000)   Cited 3,236 times
    Holding that a district court must have and state a sound basis for doing so

  3. Weisgram v. Marley Co.

    528 U.S. 440 (2000)   Cited 349 times
    Holding that a district court, when considering post-trial motions for judgment as a matter of law, may disregard "testimony erroneously admitted"

  4. Hodge v. Craig

    382 S.W.3d 325 (Tenn. 2012)   Cited 382 times
    Holding that, pursuant to the Tennessee Rules of Appellate Procedure, an issue may be deemed waived if it is not designated specifically as an issue in the party's brief or if it is stated in party's brief but not accompanied by sufficient argument

  5. Ellis v. General Motors Acceptance Corp.

    160 F.3d 703 (11th Cir. 1998)   Cited 257 times
    Holding that a consumer protection statute “is remedial in nature and therefore must be construed liberally in order to best serve Congress' intent”

  6. Vincent v. Money Store

    736 F.3d 88 (2d Cir. 2013)   Cited 166 times   1 Legal Analyses
    Holding the district court did not err in finding "an assignee of the plaintiffs' notes...[was] not the person to whom the debts were initially payable"

  7. Villarreal v. R.J. Reynolds Tobacco Co.

    839 F.3d 958 (11th Cir. 2016)   Cited 127 times   5 Legal Analyses
    Finding that Griggs addressed only "promotion and transfer policies"

  8. Whitehaven Community Baptist Church v. Holloway

    973 S.W.2d 592 (Tenn. 1998)   Cited 155 times
    Holding that it was "not unjust for defendants in this case to retain th[e] property with its improvements" because "the defendants have provided consideration"

  9. Turner v. Beneficial Corporation

    242 F.3d 1023 (11th Cir. 2001)   Cited 123 times   1 Legal Analyses
    Holding that detrimental reliance is an element of a TILA claim for actual damages

  10. Duran v. Hyundai Motor America, Inc.

    271 S.W.3d 178 (Tenn. Ct. App. 2008)   Cited 97 times
    Holding "court reporter fees for attending pretrial hearings are not permitted by Tenn. R. Civ. P. 54.04"

  11. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,658 times   63 Legal Analyses
    Allowing "renewed motion"

  12. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,925 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  13. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,877 times   18 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  14. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,339 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  15. Section 29-39-104 - Punitive damages

    Tenn. Code § 29-39-104   Cited 83 times   6 Legal Analyses

    (a) In a civil action in which punitive damages are sought: (1) Punitive damages may only be awarded if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly; (2) In an action in which the claimant seeks an award of punitive damages, the trier of fact in a bifurcated proceeding shall first determine whether compensatory damages are to be awarded and in what amount and by special

  16. Section 1639f - Requirements for prompt crediting of home loan payments

    15 U.S.C. § 1639f   Cited 40 times   1 Legal Analyses
    Imposing same requirement

  17. Section 226.2 - Definitions and rules of construction

    12 C.F.R. § 226.2   Cited 866 times   1 Legal Analyses
    Defining "consumer credit"

  18. Section 1026.36 - Prohibited acts or practices and certain requirements for credit secured by a dwelling

    12 C.F.R. § 1026.36   Cited 105 times   13 Legal Analyses
    Addressing mortgage servicer disclosure requirements in connection with processing of partial payments