Legal Opinion
Lovick v. Ritemoney Ltd.
Court of Appeals for the Fifth Circuit
Decided July 14, 2004No. 03-20917PublishedCited by 268 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Betty R. Lovick’s putative class action claims a RICO violation, premised on the collection of a claimed unlawful (usurious) debt. The action was dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Lovick claims the fee charged by an automobile title loan broker amounts to disguised interest that, when attributed to the lender, causes the loan to be usurious. The Credit Services Organization Act (CSOA), Tex. Fin.Code § 393 et seq., permits brokers, however, to engage in the activities…
2Cases cited31 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- Herrmann Holdings Ltd. v. Lucent Technologies Inc.Court of Appeals for the Fifth Circuit · 2002
26 more not listed; retrieve them via the Exa API.
3Cited by268 opinions
- Lormand v. US Unwired, Inc.Court of Appeals for the Fifth Circuit · 2009
- International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd.Court of Appeals for the Fifth Circuit · 2016
- In Re American Airlines, Inc., Privacy LitigationDistrict Court, N.D. Texas · 2005
- Severance v. PattersonCourt of Appeals for the Fifth Circuit · 2009
- Elsensohn v. St. Tammany Parish Sheriff's OfficeCourt of Appeals for the Fifth Circuit · 2008
263 more not listed; retrieve them via the Exa API.