In Russ v. XPO Logistics, LLC, No. 19-2719(DSD/JFD), 2022 U.S. Dist. LEXIS 145938, at *22-25 (D. Minn. Aug. 16, 2022), Judge Dotv ruled on whether a lessor of a commercial motor coach could be liable on a negligent entrustment theory, allowing the claim to survive summary judgment. Plaintiff also alleges that KLE negligently entrusted its equipment to Ecklund. Negligent entrustment… Read More
In Lynch v. Collins, No. 20 C 02477, 2022 U.S. Dist. LEXIS 106700, at *5-7 (N.D. Ill. June 15, 2022), Judge Durkin held that the Graves Amendment does not immunize employer/employee relationships, but you've actually got to have facts to support the claim. Plaintiffs argue their vicarious liability claims for negligence and loss of consortium are also outside the Graves… Read More
In Thayer v. Randy Marion Chevrolet Buick Cadillac, LLC, No. 21-10744, 2022 U.S. App. LEXIS 9957, at *7-9 (11th Cir. Apr. 13, 2022), the Court of Appeals found that the Graves Amendment limited an automobile dealer's loaner vehicle to a customer who was provided the loaner while the customer's vehicle was being repaired. Thayer argues that a rent or lease… Read More
In Moura v. Cannon, No. 4:17-40166-TSH, 2021 U.S. Dist. LEXIS 184736, at *1-3 (D. Mass. Sep. 27, 2021), Judge Hillman dismissed a personal injury claim against a lessor based on Graves Amendment pre-emption. The following facts are undisputed unless otherwise stated. On December 14, 2016, John Cannon ("Cannon") was driving a tractor-trailer on Interstate 35 in Oklahoma when he crashed… Read More
In Hamilton v. Brewster, No. 2:20-CV-02054, 2021 U.S. Dist. LEXIS 175964, at *5-6 (W.D. Ark. Sep. 16, 2021), Judge Holmes granted summary judgment to a lessor who proved that the driver was not the lessor's employee under the Graves Amendment savings clause, having been faced with pleadings alleging that the driver of the vehicle was the lessor's employee. "Although the… Read More
In Fuller v. Biggs, No. 3:20-CV-2146-G, 2021 U.S. Dist. LEXIS 64672, at *14-17 (N.D. Tex. Apr. 2, 2021), Judge Fish allowed a personal injury claim to proceed against the lessor of a vehicle. The facts were as follows: This suit arises out of a motor vehicle collision involving the plaintiffs and Scott Biggs ("Biggs").1Link to the text of the note On… Read More
In Aguayo v. U.S. Bank, 2016 WL 2609296, at *2-4 (S.D.Cal., 2016), Judge Whelan granted partial summary judgment to an NOI class action plaintiff who argued that US Bank's NOI violated state law. First, Judge Whelan rejected US Bank's conflict preemption argument. On September 24, 2009, this Court granted U.S. Bank's motion to dismiss the case based on the finding… Read More
In Chae v. SLM Corporation, 593 F.3d 936 (9th Cir. 2010), the U.S. Court of Appeals for the Ninth Circuit held that the federal Higher Education Act preempts student borrowers' claims that Sallie Mae, Inc.'s interest rates, late fees, and payment schedules violate California law. In conclusion, the Plaintiffs’ allegations that Sallie Mae makes fraudulent misrepresentations in its billing statements and coupon books are… Read More
In Wheeler v. Premiere Credit of North America, LLC, 2015 WL 222459, at *1-2 (S.D.Cal.,2015), Judge Curiel found that the HEA did not preempt the FDCPA, but did preempt the Rosenthal Act -- as to the claims pleaded. The facts were as follows. Defendant is an accounts receivable contractor authorized to perform collection activities on defaulted student loans on behalf… Read More
In Gutierrez v. Wells Fargo Bank, NA --- F.3d ----, 2012 WL 6684748 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit rejected a post-trial petition to enforce arbitration, and found partial pre-emption of the UCL to the extent it conflicted with the business of banking in how a bank applies and computes overdraft fees. The Court of Appeals… Read More
In Decohen v. Capital One, N.A. --- F.3d ----, 2012 WL 6685767 (4th Cir. 2012), the Fourth Circuit Court of Appeals found no NBA/OCC pre-emption of Maryland's debt cancellation agreement laws as related to an automobile RISC where the National Bank was an assignee as opposed to the original lender. But, the Court of Appeals went farther, too, find no… Read More
In In re Bate, --- B.R. ----, 2011 WL 2469689 (Bkrtcy.M.D.Fla. 2011), Bankruptcy Judge Williamson held that although the National Bank Act preempts state laws that prevent or significantly interfere with the exercise by national banks of their powers, and the Florida Consumer Collection Practices Act applies generally to all creditors and prohibits inappropriate debt collection practices, the FCCPA does… Read More
