Bernhard Law Firm obtains immediate dismissal against mass credit pooler

The creditor plaintiff dismissed with prejudice within one month of Bernhard Law Firm’s appearance in the case. The creditor’s suit alleged that Bernhard Law Firm’s client had engaged in creditor-debtor business with a national creditor, who eventually transferred a mass credit pool to the plaintiff. Bernhard Law Firm appeared in its client’s defense, raising numerous procedural and transfer issues, and the creditor immediately dismissed with prejudice.… Read More Bernhard Law Firm obtains immediate dismissal against mass credit pooler

Bernhard Law Firm Engaged to Appeal Order Vacating Judgment and to Seek Writ of Mandamus for Default Final Judgment

Bernhard Law Firm has been engaged to appeal a Jacksonville court’s order vacating a default final judgment. Bernhard Law Firm has also been engaged to seek an appellate court’s writ of mandamus compelling the trial court to enter judgment in the lawsuit.… Read More Bernhard Law Firm Engaged to Appeal Order Vacating Judgment and to Seek Writ of Mandamus for Default Final Judgment

Bernhard Law Firm is granted leave to seek punitive damages in banking theft litigation

It is difficult to imagine a set of facts wherein a[n account manager] could have acted with any greater degree of gross negligence as to indicate a wanton disregard of the rights of his client. We deal here, in our view, with an ‘entire want of care or attention to duty,’ a ‘great indifference to the persons, property or rights of others,’ which has long been sufficient to justify a punitive damages award. … Read More Bernhard Law Firm is granted leave to seek punitive damages in banking theft litigation

Bernhard Law Firm’s article addresses self-executing acceleration notices and Snow v. Wells Fargo

In the article, Bernhard Law Firm addresses the recent decision from the Third District Court of Appeal in Snow v. Wells Fargo Bank, N.A., holding that a lender’s issuance of a letter demanding payment did not constitute an acceleration of the debt, and thus did not trigger the commencement of the five year statute of limitations.… Read More Bernhard Law Firm’s article addresses self-executing acceleration notices and Snow v. Wells Fargo

Bernhard Law Firm engaged to appeal arbitration order in consumer transaction dispute, files appellate briefs.

Appellee has in every way treated the buyer’s order as abandoned, invalid, and unenforceable. Appellee immediately failed to adhere to any of its provisions, and both parties acquiesced to these failures. Appellee went so far as to issue an apology letter to put the matter behind it. Given this mutual abandonment, the Court should find that there is no valid and enforceable contract between the parties, reversing enforcement of its arbitration provisions below.… Read More Bernhard Law Firm engaged to appeal arbitration order in consumer transaction dispute, files appellate briefs.