Discovery

Overcoming Roadblocks in Defective Vehicle Cases

It is a common story. The dealership represents that a used vehicle passed a pre-sale inspection but shortly after the sale, the consumer discovers that the vehicle has a major issue. Most states require a dealership to disclose any obvious or safety defects to a potential consumer. A primary issue in defective vehicle auto fraud cases is whether the dealership knew or should have known about the vehicle’s defects. This webinar will address how to overcome these common roadblocks in defective vehicle cases. Some experience handling defective vehicle cases is recommended.

Defending Debtors with NCSLT and SLS Student Loans

Collection of private student loans by third-party entities has swelled in the last five years. This webinar will cover some of the strategies used to defend student loan borrowers in lawsuits brought by one of the National Collegiate Student Loan Trusts (NCSLT) or Student Loan Solutions (SLS). The webinar is geared primarily towards attorneys seeing their first NCSLT and SLS cases.

What to Ask When You Don't Know: 30(b)(6) Depositions of Debt Buyers

The deposition of a debt collector is critical to an FDCPA case. It is difficult, if not impossible, to survive summary judgment without it, as most debt collectors refuse to provide any meaningful discovery otherwise. They also typically hide behind frivolous affirmative defenses and ludicrous denials of obvious truths. At best, they just plead ignorance to everything. Testimony, under oath, by their corporate representative can be an excellent way to identify the difference between a shotgun defense/denial and one that requires more work to overcome.

Background Screening CRAs: How to Effectively Conduct Discovery and Attack the Reasonableness of the CRAs’ Criminal Record Matching Procedures

While more than 20 million U.S. jobs were wiped out in April 2020 during the COVID-19 lockdown, the unemployment rate has begun to fall in recent months as the economy begins to reopen. This means millions of Americans will be applying for jobs and undergoing employment background checks. Employment and tenant screening CRAs routinely mismatch people, omit crucial information about a case, provide misleading information, and misclassify offenses when preparing consumer reports in the form of employment and tenant screening background checks.

The “Passive” Debt Buyer Issue

If you are suing debt buyers under the FDCPA, you need to understand the recent Circuit Court of Appeals decisions on whether these entities are debt collectors. Debt buyers are pushing the “passive” debt buyer argument through our courts to further restrict the FDCPA’s application and chip away at its already limited coverage. This webinar will prepare you for facing the “passive” debt buyer issue in your FDCPA cases involving debt buyers. This webinar is geared to intermediate practitioners.

Using ESI to Your Advantage: How to Ensure You Get and Find the Documents You Want

What You Will Learn

  • What are reasonable search parameters for ESI discovery. 
  • How to use ESI to bolster the discovery plan.

Speakers

E. Michelle Drake is a Shareholder at Berger Montague PC, where she supervises the Firm’s Minneapolis office. Ms. Drake focuses her practice on consumer protection, improper credit reporting, and financial services class actions. Ms.

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