Plaintiff, purchaser of defendant’s credit card debt, sought court approval to settle the case. The court scheduled a conference to determine the fairness of the settlement terms and found that the defendant had been intimidated into signing the settlement agreement. The court decided that plaintiff’s ability to prove its claims…
Defendant denied the amount he owed to American Express. American Express submitted an affidavit of the Custodian of Records to establish the amount due. The court decided that although the affidavit looked “robo-signed, ” it was sufficient to establish that something was owed, but insufficient to establish the amount, especially…
In the normal course of events, two parties that enter into a contract are obligated to perform in accordance with that contract. Where a party fails to do so that party has breached the contract and will ordinarily be liable for any resulting damage to the other, non-breaching party. Although…