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Contract – Credit Card – Evidence – Bills & Payments
FIA Card Services, N.A. v. Caviness (Lawyers Weekly No. 14-16-0481, 9 pp.) (Rick Elmore, J.) Appealed from Wake County District Court (Margaret Eagles, J.) N.C. App. Unpub. Holding: Although plaintiff failed to offer the parties’ credit card agreement into the record during the summary judgment hearing, plaintiff nevertheless proved at least an implied contract between […]
Contract – Credit Card Agreement – Applicable Version — Interest Rate
Citibank, South Dakota, N.A. v. Graudin Where the defendant-cardholder contends the interest rates charged by the plaintiff-credit card company exceeded those authorized by defendant’s original 1995 credit card agreement with plaintiff’s predecessor in interest, defendant has disputed the amount owed to plaintiff. We reverse summary judgment for plaintiff. Remanded.
Arbitration – Credit Card Agreement – Timeliness – Equitable Tolling
Portfolio Recovery Associates, LLC v. Freeman A debtor’s challenge to an arbitration award fails since: (1) he failed to challenge the award within the three-month time period prescribed by 9 U.S.C. §12; and (2) equitable tolling does not apply because he failed to file a motion to vacate the arbitration award.
Contract – Forum Selection Clause – Civil Practice – Choice of Law – Venue – Jurisdiction – Credit Card Agreement – Utah Law
Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion[...]
Top Legal News
- O’Connor paved way for women on high court
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- Former US ambassador arrested in counterintelligence probe
- O’Connor, first woman on US Supreme Court, has died at 93
- Judicial activists subpoena vote splits Judiciary Committee
- Judges block GOP’s election board changes
- Federal judge blocks first TikTok app ban
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Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
