Author Archives: Camron Hoorfar

No Mandamus Against Referral to Arbitration

When a contract has an arbitration agreement, all disputed matters under the contract are presumptively subject to determination in arbitration, except a dispute as to whether a matter is subject to arbitration, which is presumptively subject to determination in circuit … Continue reading

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Action on Invoices Too Late

Statute of limitations for contract actions is five years, with exceptions that include any action for payment upon a written contract, which is ten years. Ten-year limitation could apply to an invoice stating that buyer’s signature constituted a promise to … Continue reading

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Wendy’s, Pizza Hut Franchisee NPC Looks to Sell Itself to Operator of Panera Stores

NPC International Inc., the nation’s largest franchisee of Wendy’s and Pizza Hut restaurants, has a deal to sell itself out of bankruptcy to Flynn Restaurant Group LLC. Flynn, the largest restaurant franchise operator in the U.S., is offering $816 million … Continue reading

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CFPB and New York Attorney General Take Action Against Debit-Collection Operation and Its Owners and Managers

The Consumer Financial Protection Bureau (CFPB), in partnership with the New York Attorney General (NYAG), have filed suit against a network of five different companies based outside of Buffalo, New York, two of their owners, and two of their managers, … Continue reading

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Las Vegas Monorail Files for Bankruptcy Again as Coronavirus Shuts Service

Las Vegas Monorail Co., a transit system financed with municipal debt that serves some of the city’s marquee hotels, filed for bankruptcy for the second time in just over a decade after the coronavirus pandemic shut down service. The nonprofit … Continue reading

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Damages Reduced Under MMPA

On remand, circuit judge need not make the same rulings as before remand. Plaintiff’s testimony, that plaintiff could not title her car because of defective title, did not constitute hearsay because it included only plaintiff’s first-hand experience and no out-of-court … Continue reading

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CFPB Settles with SMART Payment Plan, LLC for Deceptive Sales Practices

The Consumer Financial Protection Bureau issued a consent order against SMART Payment Plan, LLC, finding that the company’s disclosures of its loan payment program contained misleading statements in violation of the Consumer Financial Protection Act of 2010’s prohibition against deceptive … Continue reading

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$128 Million Suit Against UnitedLex Over LeClairRyan Demise Shows Outsourcing No Cure for Dying Firm

As a growing number of law firms look to contract with third-party vendors to outsource business operations, a $128 million lawsuit filed by LeClairRyan’s bankruptcy trustee against UnitedLex makes it clear that the risks to both sides can be high. … Continue reading

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Iconic Restaurant Chain Friendly’s Files for Bankruptcy

Friendly’s Restaurants LLC, an iconic chain on the East Coast of the U.S. known for its sundaes, became the latest dining institution to go bankrupt amid the pandemic. The company filed for chapter 11 bankruptcy protection in Delaware. It listed … Continue reading

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CFPB Settles with Ninth Mortgage Company to Address Deceptive Loan Advertisements Sent to Servicemembers and Veterans

The CFPB issued a consent order against Low VA Rates LLC to address the Bureau’s finding that Low VA Rates sent consumers mailers for mortgage loans guaranteed by the U.S. Department of Veterans Affairs that contained false, misleading, and inaccurate … Continue reading

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