Legal Opinion

Cohen v. Rosicki, Rosicki & Assocs., P.C.

Court of Appeals for the Second Circuit

Decided July 23, 2018No. Docket No. 17-950-cv; August Term, 2017PublishedCited by 203 opinions

1Opinion of the Court

Sack, Circuit Judge:

*78The plaintiff, Aaron Cohen, brings this putative class action against Ditech Financial LLC ("Ditech"), Cohen's mortgage-loan servicer, and Rosicki, Rosicki & Associates, P.C. ("Rosicki"), the servicer's law firm, alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. , in connection with their attempt to initiate foreclosure proceedings on his home. The district court (the late Leonard D. Wexler, Judge ) granted the defendants' motions to dismiss. We conclude that the district court erred in dismissing Cohen's FDCPA claims on the…

2Cases cited38 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  4. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  5. Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009

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3Cited by203 opinions

  1. Dane v. UnitedHealthcare Ins. Co.Court of Appeals for the Second Circuit · 2020
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  3. Timothy Barnes v. Routh Crabtree Olsen PcCourt of Appeals for the Ninth Circuit · 2020
  4. National Rifle Association of America v. Maria T. VulloCourt of Appeals for the Second Circuit · 2022
  5. Bryan v. Credit Control, LLCCourt of Appeals for the Second Circuit · 2020

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