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Affirmative Defenses -- Contribution

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In Robinson v. National Credit Systems, Inc., 2018 WL 1877462 (M.D.Fla.), 4 (M.D.Fla., 2018), the District Court struck a number of affirmative defenses as not resembling actual defenses, but let stand an affirmative defense to an FCRA claim derived from common law negligence. In its fifth affirmative defense, National argues, “any damages suffered by the Plaintiff[s] should be apportioned in… Read More

In Williams v. LVNV Funding, LLC, 2017 WL 1331014, at *1–2 (N.D.Ala. 2017), Judge Owen Bowdre compelled production of a FCRA plaintiff's settlement with the CRA. Before the court is the Plaintiff Michael Williams' motion to reconsider and motion to stay order to compel disclosure. (Doc. 71). Previously, the court granted Defendants' motion to compel the disclosure of the terms… Read More

In Gonzalez v. Harris Farms, Inc., 2014 WL 6981429 (E.D.Cal. 2014), Judge O'Neill dismissed a cross-complaint for indemnity arising out of a purported FACTA violation. On December 4, 2013, Plaintiff Jose Gonzalez (“Gonzalez”) brought an action on behalf of himself and all others similarly situated in the Superior Court of the State of California, County of Fresno against Harris Farms, the owners… Read More