Legal Opinion
Theresa Plant v. Blazer Financial Services, Inc. Of Georgia
Court of Appeals for the Fifth Circuit
Decided July 23, 1979No. 77-2034PublishedCited by 215 opinions
1Opinion of the Court
RONEY, Circuit Judge:
In this truth-in-lending case, we resolve two important issues to this field of the law. First, we decide that an action on the underlying debt in default is a compulsory counterclaim that must be asserted in a suit by the debtor on a truth-in-lending cause of action. Second, we hold that a successful plaintiff in a truth-in-lending suit is entitled to have her attorneys paid from the award for attorney’s fees and not have those fees setoff against a counterclaim judgment on the debt in favor of the defendant against the plaintiff creditor.
*1359Although plaintiff prevailed on…
2Cases cited65 opinions
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
- B. J. Diamond v. Terminal Railway Alabama State Docks, an Agency of the State of AlabamaCourt of Appeals for the Fifth Circuit · 1970
- Luther Haynes and Lenita Haynes v. Logan Furniture Mart, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1974
- Austin C. Palmer and Helen M. Palmer, Husband and Wife v. Gladys S. WilsonCourt of Appeals for the Ninth Circuit · 1974
60 more not listed; retrieve them via the Exa API.
3Cited by215 opinions
- R.G. Financial Corp. v. Vergara-NuñezCourt of Appeals for the First Circuit · 2006
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
- Allied Finance Co. v. GarzaCourt of Appeals of Texas · 1981
- Reeves v. AstrueCourt of Appeals for the Eleventh Circuit · 2008
- Republic Health Corporation v. Lifemark Hospitals of Florida, Inc., Associated Medical Institutions, Inc., and Hialeah Hospitals, Inc.Court of Appeals for the Eleventh Circuit · 1985
210 more not listed; retrieve them via the Exa API.