Legal Opinion

Boerner v. LVNV Funding LLC

District Court, E.D. Wisconsin

Decided July 25, 2018No. Case No. 17-CV-1786-JPSPublishedCited by 7 opinions

1Opinion of the Court

J. P. Stadtmueller, U.S. District Judge

In this case, Plaintiff, George Boerner ("Boerner"), alleges that Defendants, LVNV Funding LLC ("LVNV") and Messerli & Kramer PA ("Messerli & Kramer"), violated his rights under federal and state law when they sued him in Washington County Circuit Court on a defaulted credit card debt. Messerli & Kramer filed a motion to dismiss the complaint on April 23, 2018, (Docket # 15), in which LVNV joined, (Docket # 18). The motion is fully briefed and, for the reasons stated below, it will be granted in part and denied in part.

1. LEGAL STANDARD

Federal Rule of…

2Cases cited40 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  5. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983

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3Cited by7 opinions

  1. Bahena v. Jefferson Capital Sys., LLCDistrict Court, W.D. Wisconsin · 2019
  2. Fleming v. Provest California LLCDistrict Court, N.D. California · 2021
  3. Micklevitz v. ChapmanDistrict Court, E.D. Wisconsin · 2021
  4. Plaza Services LLC v. Kimberly BurtonCourt of Appeals of Wisconsin · 2025
  5. Smith v. Moss Law Firm PCDistrict Court, N.D. Texas · 2020

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