Any circuit court order issued after voluntary dismissal is null because voluntary dismissal negates an action as if it was never started and ends circuit court authority immediately. This extends to ancillary matters such as control over party behavior related to the action.
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Statute that requires a writing for waiver of counsel does not apply to an implied waiver of counsel, such as when a defendant refused to retain counsel and to expressly waive counsel. A defendant’s objection is not necessary to preserve error in allowing a waiver because a defendant never objects to their own waiver of counsel.
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In Hal Miller v. Securitas Security Services USA, Inc., et el, silence is not assent to a contract, which continued employment does not alone show acceptance of an arbitration agreement for employment disputes, but plaintiff also signed an arbitration agreement, signaling his agreement. The signature of the defendant’s representative showed defendant’s acceptance of the arbitration agreement’s provisions. If a dispute is subject to arbitration, but the plaintiff files an action in circuit court, the action is not dismissed, the remedy is a stay of the action pending arbitration. Cost awarding statutes do not apply to a stayed action because there is no prevailing party.
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The Consumer Financial Protection Bureau (CFPB) settled with Maxitransfers Corp., a company that serves customers looking to send money overseas. This is CFPB’s first enforcement action with a violation of the Remittance Transfer Rule, which implements the Electronic Fund Transfer Act (EFTA). The CFPB found that Maxitransfers violated the Consumer Financial Protection Act of 2010 by stating to consumers that it would not be responsible for the errors made by its third-party payment agents. The Remittance Transfer Rule places the responsibility of the acts of the agent when the agent acts for the provider on Maxitransfers. The CFPB also found that Maxitransfers violated the Remittance Transfer Rule and EFTA by using inaccurate language in disclosures and failing to maintain required policies to comply with error resolution procedures.
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GameStop is planning to close between 180 and 200 stores before the end of the fiscal year, with more on the verge of closure. The company recently posted discouraging second quarter earnings and greatly reduced its same-stores sales forecast for the year. GameStop blames online shopping and digital sales for most of its sales hardship in recent quarters.
If you have a business in trouble and would like to speak to an attorney, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.
Home Loan Center Inc., a mortgage-lending subsidiary of Lending Tree Inc., has converted its bankruptcy case from a chapter 11 to a chapter 7. Residential Capital LLC’s liquidating trust and Lehman Brothers Holdings Inc., which hold most of the claims against Home Loan Center, requested that the judge convert the bankruptcy from chapter 11 to chapter 7. Residential Capital argued Home Loan Center does not belong in chapter 11 because the company sold its operating assets to Discover Financial Services Inc. in 2012 for $55.9 million.
If you are thinking about filing for bankruptcy and would like to speak to an attorney, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.
In an action under the Missouri Human Rights Act for employment discrimination based on disability, disability includes whether employment can continue with a reasonable accommodation. An employee with post-traumatic stress syndrome could not be reliable as a peace officer, and statutes require employers to offer another job, but the employee did not identify any opening for a job he could do. Describing duties of what he was capable of did not carry the employee’s burden of proof.
If you have been a victim of employment discrimination and would like to speak to an attorney, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.
Custodial interrogation of a defendant occurs under inherently coercive circumstances, but that does not include routine questioning of restrained appellant. In State of Missouri v. Harvey D. Harris, the appellant was restrained due to paramedics strapping him to a backboard and he admitted to having a few drinks. A Miranda warning was not required when speaking with Mr. Harris.
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The Consumer Financial Protection Bureau (CFPB) settled with Asset Recovery Associates, Inc. (ARA). ARA, also known as Financial Credit Service, Inc., collects debts from consumers throughout the U.S. CFPB found that ARA violated the Fair Debt Collection Practices Act by threatening to sue or arrest consumers, even though it did not intend to do so. ARA also falsely represented to consumers that company employees were attorneys, threatened to garnish consumers’ wages or place liens on their homes, even though it did not intend to do so, and represented that consumers’ credit reports would be negatively affected if they did not pay, even though ARA does not report consumer debts. The CFPB also stated that ARA also violated the Consumer Financial Protection Act of 2010. ARA will pay at least $36,000 in restitution to affected consumers and a $200,000 civil penalty to the CFPB. ARA is also prohibited from continuing to engage in this conduct and it is required to record calls with consumers to help ensure collectors do not make false statements in the future.
If you have been a victim of a scam or unlawful debt collection practices and would like to speak to an attorney, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.
A Missouri circuit court scheduled a bond hearing and denied a timely filed motion for change of judge, citing time constraints. The Missouri change of judge rule is mandatory, and the Missouri Court of Appeals would make permanent its writ of prohibition barring circuit courts from any other action other than granting the motion, but instead transferred the case to the Missouri Supreme Court.
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