18 Cited authorities

  1. Turner v. Cook

    362 F.3d 1219 (9th Cir. 2004)   Cited 535 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
  2. Kerobo v. Sw. Clean Fuels, Corp.

    285 F.3d 531 (6th Cir. 2002)   Cited 348 times
    Holding that the proper analysis is under 28 U.S.C. § 1404
  3. Polizzi v. Cowles Magazines

    345 U.S. 663 (1953)   Cited 417 times
    Holding that action removed pursuant to § 1441 could not be dismissed by district court on ground that venue under § 1391 would have been improper if action had originally been brought in federal court: "[E]ven on the question of venue, § 1391 has no application to this case because this is a removed action. The venue of removed actions is governed by . . . § 1441, and under that section venue was properly laid in the Southern District of Florida [the district in which the state action had been pending]."
  4. IBC AVIATION SER. v. COMPANIA MEXICANA DE AVIACION

    125 F. Supp. 2d 1008 (N.D. Cal. 2000)   Cited 200 times
    Holding that an objection to venue based on a forum selection clause after removal is allowed
  5. Schroyer v. Frankel

    197 F.3d 1170 (6th Cir. 1999)   Cited 149 times   1 Legal Analyses
    Holding that defendant did not "regularly" collect debts when only 7.4 percent of cases involved debt collection
  6. Bloom v. I.C. System, Inc.

    972 F.2d 1067 (9th Cir. 1992)   Cited 161 times
    Holding that the FDCPA applies only to "consumer debts" incurred "primarily for personal, family, or household purposes"
  7. Bacik v. Peek

    888 F. Supp. 1405 (N.D. Ohio 1993)   Cited 70 times
    Finding that "[i]f a party has merely made a general allegation that witnesses will be necessary, without identifying them and indicating what their testimony will be the application for transfer will be denied"
  8. First Gibraltar Bank, FSB v. Smith

    62 F.3d 133 (5th Cir. 1995)   Cited 46 times
    Holding that debt entered into by a partnership to acquire and develop property is not debt under the FDCPA
  9. Kotan v. Pizza Outlet, Inc.

    400 F. Supp. 2d 44 (D.D.C. 2005)   Cited 29 times
    Finding forum selection clause to bind non-signatory entity opposing transfer of case to different venue
  10. Hartford Fire Ins. v. Westinghouse Elec.

    725 F. Supp. 317 (S.D. Miss. 1989)   Cited 28 times

    Civ. A. No. J89-0343(L). October 19, 1989. Thomas L. Kirkland, Jr. and Edwin Y. Hannan, Satterfield and Allred, Jackson, Miss., for plaintiff. Joe H. Daniel, Jackson, Miss., for Boston Indus. Richard L. Forman and Ronald D. Collins, Jackson, Miss., for Westinghouse Elec. Phil B. Abernethy, Jackson, Miss., for Midwest Rubber Service. Kenna L. Mansfield, Jr., Jackson, Miss., for Brand Midland Corp. William M. Bost, Jr. and David W. Ellis, Vicksburg, Miss., for B.F. Goodrich. MEMORANDUM OPINION AND

  11. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,321 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,533 times   186 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,050 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,046 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  15. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,261 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought
  16. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,354 times   191 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"
  17. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,243 times   83 Legal Analyses
    Defining debt collector
  18. Section 1692i - Legal actions by debt collectors

    15 U.S.C. § 1692i   Cited 368 times   2 Legal Analyses
    Establishing venue requirements for a debt collector "in the case of an action [brought by the debt collector] to enforce an interest in real property securing the consumer's obligation"