§Why CasetextPricing

Hutchison v. Experian Information Solutions Incorporated et al

MOTION for Summary Judgment

35 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,340 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 216,408 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. Soremekun v. Thrifty Payless

    509 F.3d 978 (9th Cir. 2007)   Cited 2,257 times   1 Legal Analyses
    Holding that speculative testimony is insufficient to defeat summary judgment

  4. Triton Energy Corp. v. Square D Co.

    68 F.3d 1216 (9th Cir. 1995)   Cited 1,264 times
    Holding in a design defect product liability suit that plaintiff's expert opinion could not defeat summary judgment because it was not reliable in the absence of physical evidence supporting the alleged defect theory

  5. Cliff v. Payco General Am. Credits, Inc.

    363 F.3d 1113 (11th Cir. 2004)   Cited 194 times
    Holding that an amended complaint expanding the class action to assert a nation-wide class did not relate back under Rule 15(c) to the initial complaint, which asserted only a statewide class

  6. Rowe v. Educ. Credit Management

    559 F.3d 1028 (9th Cir. 2009)   Cited 165 times   1 Legal Analyses
    Holding guaranty agencies act as fiduciaries of the DOE when they operate under FFELP and collecting cases in which other courts hold the same

  7. McCulloch v. PNC Bank Inc.

    298 F.3d 1217 (11th Cir. 2002)   Cited 146 times
    Holding that plaintiff's allegations of mail and wire fraud were "nothing more than purported HEA violations pled in RICO terms"

  8. Brannan v. United Student Aid Funds, Inc.

    94 F.3d 1260 (9th Cir. 1996)   Cited 79 times
    Holding that the HEA preempts all state law that regulates pre-litigation collection activities

  9. Pelfrey v. Educational Credit Management Corp.

    71 F. Supp. 2d 1161 (N.D. Ala. 1999)   Cited 34 times
    Applying exception to assignee of guarantor of defaulted student loan

  10. Davis v. United Student Aid Funds, Inc.

    45 F. Supp. 2d 1104 (D. Kan. 1998)   Cited 21 times
    In Michael D. Davis v. United Student Aid Funds, Inc., 45 F. Supp.2d 1104 (D.Kan. 1998), the court dismissed a similar action brought against a guaranty agency attempting to collect on a defaulted student loan on the basis that such guaranty agency was acting incident to a fiduciary obligation.

  11. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,003 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,218 times   83 Legal Analyses
    Defining debt collector

  13. Section 1071 - Statement of purpose; nondiscrimination; and appropriations authorized

    20 U.S.C. § 1071   Cited 412 times   1 Legal Analyses
    Identifying purposes of statute

  14. Section 1070 - Statement of purpose; program authorization

    20 U.S.C. § 1070   Cited 328 times   2 Legal Analyses
    Authorizing federal assistance for students attending covered schools

  15. Section 1078 - Federal payments to reduce student interest costs

    20 U.S.C. § 1078   Cited 170 times
    Providing that guaranty agencies are required, in their collection activities, "to protect the United States from the risk of unreasonable loss"

  16. Section 1692l - Administrative enforcement

    15 U.S.C. § 1692l   Cited 72 times   10 Legal Analyses
    Setting forth administrative enforcement and rulemaking authority under the FDCPA

  17. Section 1072 - Advances for reserve funds of State and nonprofit private loan insurance programs

    20 U.S.C. § 1072   Cited 37 times
    Directing the agency to consider whether "significant changes in the economic circumstances (such as a change in agency current cash reserves) or the loan insurance program render" the maximum allowable amount of reserves "inadequate for the continued functioning of the agency."

  18. Section 1080a - Reports to consumer reporting agencies and institutions of higher education

    20 U.S.C. § 1080a   Cited 20 times
    Requiring only a 30–day wait before reporting default

  19. Section 1092e - College access initiative

    20 U.S.C. § 1092e

    (a) State-by-State information The Secretary shall direct each guaranty agency with which the Secretary has an agreement under section 1078(c) of this title to provide to the Secretary the information necessary for the development of Internet web links and access for students and families to a comprehensive listing of the postsecondary education opportunities, programs, publications, Internet web sites, and other services available in the States for which such agency serves as the designated guarantor

  20. Section 682.410 - Fiscal, administrative, and enforcement requirements

    34 C.F.R. § 682.410   Cited 199 times   1 Legal Analyses
    Requiring guarantor to, in the initial default period, "notify the borrower . . . that if he or she does not make repayment arrangements acceptable to the agency, the agency will promptly initiate procedures to collect the debt"

  21. Section 682.402 - Death, disability, closed school, false certification, unpaid refunds, and bankruptcy payments

    34 C.F.R. § 682.402   Cited 85 times
    Explaining that to qualify for a discharge of a FFEL loan “the borrower must submit to the holder of the loan a written request and a sworn statement”

  22. Section 682.200 - Definitions

    34 C.F.R. § 682.200   Cited 80 times
    Defining guaranty agency

  23. Section 682.100 - The Federal Family Education Loan programs

    34 C.F.R. § 682.100   Cited 47 times
    Stating that the department "guarantees lenders against losses" on loans made under the "Federal Insured Student Loan" program, which is among the loan programs that the department refers to as "Federal Guaranteed Student Loan" programs

  24. Section 682.404 - Federal reinsurance agreement

    34 C.F.R. § 682.404   Cited 38 times   1 Legal Analyses
    Providing for reimbursement to the guaranty agency for unrecoverable losses on loans assigned per the parties' contract

  25. Section 682.401 - Basic program agreement

    34 C.F.R. § 682.401   Cited 31 times
    Mandating guaranty agencies be able to respond to written, electronic, and phone inquiries

  26. Section 682.414 - Records, reports, and inspection requirements for guaranty agency programs

    34 C.F.R. § 682.414   Cited 9 times

    (a)Records. (1) (i) The guaranty agency shall maintain current, complete, and accurate records of each loan that it holds, including, but not limited to, the records described in paragraph (a)(1)(ii) of this section. The records must be maintained in a system that allows ready identification of each loan's current status, updated at least once every 10 business days. Any reference to a guaranty agency under this section includes a third-party servicer that administers any aspect of the FFEL programs

  27. Section 682.413 - Remedial actions

    34 C.F.R. § 682.413   Cited 8 times

    (a) (1) The Secretary requires a lender and its third-party servicer administering any aspect of the FFEL programs under a contract with the lender to repay interest benefits and special allowance or other compensation received on a loan guaranteed by a guaranty agency, pursuant to paragraph (a)(2) of this section- (i) For any period beginning on the date of a failure by the lender or servicer, with respect to the loan, to comply with any of the requirements set forth in § 682.406(a)(1)-(a)(6), (a)(9)