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Vicarious Liability/Non-Delegable Duty

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In Russell v. Santander Consumer United States, No. 19-CV-119, 2020 U.S. Dist. LEXIS 101404 (E.D. Wis. June 9, 2020), the District Court held an automobile finance company responsible for the repossession company’s breach of the peace. The Russells also sue their creditor, Santander, under Wis. Stat. § 425.206(2)(a) and Wis. Stat. §§ 427.104(1)(h) and (1)(j) for the illegal repossession. The… Read More

In Thompson v. Wells Fargo & Co., 2015 WL 5730572, at *3-4 (E.D.N.Y.,2015), Judge Garaufis find an automobile finance company not vicariously liable for a tort committed by the repossession during the course of the repossession. Defendant argues that it cannot be held liable for the alleged damage to Plaintiff's home because “[a]s a matter of law, Wells Fargo is not… Read More