New Federal Appellate FDCPA Decision Threatens to Upend Debt Collection and Loan Servicing
FINANCIAL SERVICES PERSPECTIVES
Credit Reporting During the COVID-19 Outbreak: CFPB Issues FAQs for CARES Act Requirements
FINANCIAL SERVICES PERSPECTIVES
New HOA Decision by Nevada Supreme Court Indicates Continued Litigation to Save First Liens
Financial Services Perspectives Blog
Listed in Mid-South Super Lawyers, "Rising Stars," Appellate, 2016-2020 Listed in Best Lawyers: Ones to Watch Banking and Finance Law, 2021-2025 Financial Services Regulation Law, 2021-2025 Litigation – Banking and Finance, 2021-2025 Appellate Practice, 2023-2025 Berezovsky v. Moniz, __ F.3d __ (9th Cir. Aug. 25, 2017) Successfully represented client in matter with significant ramifications for the financial services industry nationwide concerning federal preemption of superpriority lien claims by homeowners’ associations in foreclosure actions. Salvador v. Bank of America, N.A., __ F. App’x __, 2017 WL 2189586 (9th Cir. May 17, 2017) Represented lien holder in defeating claims that lien was extinguished by homeowners’ association’s foreclosure sale under Nevada law. Clark v. Chase Bank USA, N.A., 643 F. App’x 838 (11th Cir. 2016) Represented mortgage servicer in obtaining appellate court’s affirmance of dismissal of complaint alleging claims for fraud, breach of contract and wrongful foreclosure. Shepherd v. U.S. Bank, N.A., 202 So. 3d 302 (Ala. 2015) Represented financial institution in obtaining reversal of $4 million for claims related to mortgage origination and servicing. United States v. AseraCare Inc., 153 F. Supp. 3d 1372 (N.D. Ala. 2015) Represented hospice company in obtaining summary judgment in $200 million False Claims Act case. Armour v. Monsanto Co., 995 F. Supp. 2d 1273 (N.D. Ala. Feb. 3, 2014) Represented chemical companies in obtaining dismissal of claims related to alleged PCB-contamination in light of settlement agreement. Orton v. Matthews, 572 F. App’x 830 (11th Cir. 2014) Represented mortgage servicer in obtaining affirmance of dismissal of claim for quiet title related to alleged deficiencies in assignment of mortgage debt. Ex parte GMAC Mortg., LLC, 176 So. 3d 845 (Ala. 2013) Represented mortgage servicer in obtaining reversal of Alabama Court of Appeals decision holding that mortgage foreclosure is invalid if foreclosing entity is not the mortgagee or assignee of the mortgagee’s interest. Kee v. Federal Nat’l Mortg. Ass’n, 512 F. App’x 739 (10th Cir. 2013) Represented Federal National Mortgage Association in obtaining affirmance of dismissal of claim for quiet title related to alleged deficiencies in assignment of mortgage debt. Reglan/Metoclopramide Litigation for Pfizer Inc. (National Team) The firm has served on the national counsel team for Pfizer Inc. in litigation over Reglan/Metoclopramide, which has involved approximately 6,300 plaintiffs in various cases in venues across the country. There is no multidistrict litigation, but there are coordinated proceedings in Pennsylvania, California and New Jersey and several single-plaintiff and mass-plaintiff actions pending in state and federal courts in other jurisdictions. Williams v. Talladega Community Action Agency Successfully represented healthcare provider in drafting lead brief for appeal to the 11th Circuit. Jackson v. WAFF, Inc.,109 So. 3d 1123 (Ala. Civ. App. 2012) Obtained affirmance of dismissal of claim for defamation against two news media corporations in published opinion issued by the Alabama Court of Civil Appeals. In re Jefferson County, Alabama, 2012 WL 3775758 (N.D. Ala. Aug. 28, 2012) Obtained affirmance of order denying motion for relief from a bankruptcy automatic stay for a plaintiff seeking to enforce a state-court agreement concerning funding for public health facility. Sprint Communications Company, L.P. v. NTELOS Telephone, Inc., 2012 WL 3255592 (W.D. Va. Aug. 7, 2012) Drafted successful opposition in response to the defendant’s motion for summary judgment in a case involving a multimillion-dollar dispute over the effect of a discharge from Chapter 11 bankruptcy. Jackson v. WAFF, Inc.,109 So. 3d 1123 (Ala. Civ. App. 2012) Represented television stations in obtaining affirmance of dismissal of claims for defamation.