Legal Opinion

Diaz v. First Marblehead

Court of Appeals for the Eleventh Circuit

Decided February 25, 2016No. 14-15797PublishedCited by 7 opinions

1Per curiam

Plaintiff-Appellant Jocelyn Y. Diaz (“Diaz”) appeals the district court’s imposition of sanctions under Rule 11 of the Federal Rules of Civil Procedure and its order to pay attorney’s fees under 15 U.S.C. § 1692k(a)(3), which is the fee-shifting provision of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-16920.

I. BACKGROUND

DefendantrAppellee Pennsylvania Higher Education Assistance Agency, Inc., doing business as American Educations Services (“AES”), is a loan servicer based in Harrisburg, Pennsylvania. AES is the servicer of two student loans that Diaz took out in 2006…

2Cases cited21 opinions

  1. Marx v. General Revenue Corp.Supreme Court of the United States · 2013
  2. Jurldine A. Donaldson v. Paul v. ClarkCourt of Appeals for the Eleventh Circuit · 1987
  3. William Riccard v. Prudential Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2002
  4. Rowe v. Educational Credit Management Corp.Court of Appeals for the Ninth Circuit · 2009
  5. Nicholson v. ShafeCourt of Appeals for the Eleventh Circuit · 2009

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3Cited by7 opinions

  1. Alvarez v. Iron Workers Union Local 709District Court, S.D. Georgia · 2023
  2. Gardiner v. RoundPoint Mortgage Servicing CorporationDistrict Court, N.D. Alabama · 2024
  3. HERALD v. LVNV FUNDING LLCDistrict Court, M.D. Georgia · 2023
  4. McCleary v. DLJ Mortgage Capital, Inc.District Court, S.D. Alabama · 2017
  5. SMITH v. LVNV FUNDING LLCDistrict Court, M.D. Georgia · 2023

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