- Criminal Judge Asks Cotchett, Pitre & McCarthy to Weigh in on PG&E's Safety Record
- Defrauded Investors May Lose Their Right to Recovery: Trump Administration Pushes for Regulatory Changes that Would Allow Companies to Avoid Securities Class Actions Through the Use of Mandatory Arbitration Agreements
- Finra Enacts Important Rule to Protect Seniors Against Fraudulent Activity
- The CPFB Remains Under Attack: Consumers Should Care About an Agency that has Recovered More than $11.9 Billion for Everyday Workers
- Supreme Court Upholds Right to Bring Securities Act Class Actions in State Court
- Cracking Down on the “Rehab Riviera”
- Protecting Our Seniors—Stating a Cause of Action for Elder Abuse is Not as Difficult as Defendants Often Claim
- “Smart” toys raise privacy and safety concerns for kids
- Strict new privacy and data protections soon take effect in European countries
- Is your cell phone tracking every move you make?
Showing 3 posts by Justin T. Berger.
Damages under Fair Debt Collection Practice Act Class Actions: The Damages Cap Applies Only to Statutory Damages
The federal Fair Debt Collection Practices Act (“FDCPA”) provides significant protections to debtors, and allows claims to be brought individually or on behalf of a class. Read More ›
Often in class actions brought against debt collectors under the Fair Debt Collection Practices Act (“FDCPA”), some absent class members will be subject to state court judgments obtained (often wrongfully) by the debt collection defendant. The question often arises as to whether those individuals can still be part of the class, or whether their inclusion in an FDCPA action is barred by the Rooker-Feldman doctrine. In the Ninth Circuit, at least, Rooker-Feldman does not apply in such circumstances. Read More ›
CPM attorneys Justin Berger and Eric Buescher completed a jury trial on August 5, 2015, winning a unanimous verdict awarding damages of half a million dollars on behalf of a local small business owner in a hotly disputed breach of contract case. The lawsuit centered around a lease agreement for an advertising billboard owned by Defendant Ad-Way Signs that is located on the plaintiff’s property. The plaintiff, CPM’s client, alleged that Ad-Way had failed to pay full rent according to the lease between the parties, believing that Ad-Way was delaying and underpaying rent in an attempt to leverage the small business owner into entering into long term lease that was more beneficial to Ad-Way. CPM’s client never budged, relying on the legal protections provided to commercial landlords by Civil Code sections 827 and 1945 to prevail. CPM often represents small business owners who are victimized by greed. Read More ›