§Why CasetextPricing

Duell v. First National Bank of Omaha et al

MOTION for Summary Judgment or alternatively, Summary Adjudication against Defendant The Dunning Law Firm

46 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,978 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,466 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  4. Lewis v. ACB Business Services, Inc.

    135 F.3d 389 (6th Cir. 1998)   Cited 1,495 times   1 Legal Analyses
    Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act

  5. State of California v. Campbell

    138 F.3d 772 (9th Cir. 1998)   Cited 955 times
    Holding that party seeking a continuance must make clear what information is sought and how it would preclude summary judgment

  6. Valandingham v. Bojorquez

    866 F.2d 1135 (9th Cir. 1989)   Cited 1,298 times
    Holding allegations that prison officials labeled an inmate a snitch, subjecting him to retaliation by other inmates, supported a cause of action for violation of the inmate's constitutional right to be protected from violence while in custody

  7. Clark v. Capital Credit Collection Serv

    460 F.3d 1162 (9th Cir. 2006)   Cited 580 times   3 Legal Analyses
    Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"

  8. Clomon v. Jackson

    988 F.2d 1314 (2d Cir. 1993)   Cited 900 times   4 Legal Analyses
    Holding that the least sophisticated consumer standard applies to whether § 1692e has been violated

  9. Turner v. Cook

    362 F.3d 1219 (9th Cir. 2004)   Cited 534 times   1 Legal Analyses
    Holding that court judgments are not transactions under the FDCPA; a transaction under the FDCPA must involve some kind of business dealing or consensual obligation

  10. Mccollough v. Johnson, Rodenburg Lauinger

    637 F.3d 939 (9th Cir. 2011)   Cited 274 times
    Holding that debt collection firm violated the FDCPA by requesting unauthorized attorney's fees in its underlying state collection complaint

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,205 times   128 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,037 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,945 times   109 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,241 times   83 Legal Analyses
    Defining debt collector

  16. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,060 times   5 Legal Analyses

    This title may be cited as the Rosenthal Fair Debt Collection Practices Act. Ca. Civ. Code § 1788 Amended by Stats 2000 ch 375 (AB 1331), s 5, eff. 1/1/2001. Previously Amended September 3, 1999 (Bill Number: AB 969) (Chapter 319).

  17. Section 1788.17 - Applicability of United States Code provisions to debt collectors

    Cal. Civ. Code § 1788.17   Cited 525 times
    Incorporating federal FDCPA provisions

  18. Section 1692b - Acquisition of location information

    15 U.S.C. § 1692b   Cited 371 times   3 Legal Analyses
    Governing the acquisition of location information

  19. Section 1788.1 - Legislative findings; purpose of title

    Cal. Civ. Code § 1788.1   Cited 211 times

    (a) The Legislature makes the following findings: (1) The banking and credit system and grantors of credit to consumers are dependent upon the collection of just and owing debts. Unfair or deceptive collection practices undermine the public confidence which is essential to the continued functioning of the banking and credit system and sound extensions of credit to consumers. (2) There is need to ensure that debt collectors and debtors exercise their responsibilities to one another with fairness,