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Fair Debt Collection Practices Act Collector Liability

The issue in this appeal is whether a collector of consumer debts that violated the venue provision of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692i(a)(2) (“the FDCPA” or “the Act”), can avoid liability on the ground that it was relying on Newsom as controlling circuit precedent interpreting the statute when it committed the violation.

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Denial of Post-verdict Motions

Dean Health Systems, Inc., terminated the employment of physician-employee Donald Bukstein “without cause,” pursuant to an “at-will” provision in a written employment agreement between Dean and Bukstein. Bukstein sued Dean for breach of contract and breach of the duty of good faith and fair dealing in connection with the termination.

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Ineffective Assistance of Counsel

Billy Staves appeals a judgment, entered upon a jury’s verdict, convicting him of receiving between $2500 and $5000 worth of stolen property; burglary while armed with a dangerous weapon; and eight counts of theft of movable property (firearms), with all ten crimes as a repeater and all but the receiving stolen property count as party to a crime.

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Sufficiency of Evidence

John Torgerson appeals a judgment of conviction for multiple violations of statutes making it a crime to offer or sell unlicensed securities without an exemption and to omit to state material facts concerning the offering or sale of securities, as well as an order denying his motion for postconviction relief.

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