Legal Opinion
James v. Home Construction Co. of Mobile, Inc.
Court of Appeals for the Fifth Circuit
Decided July 15, 1980No. 78-3099PublishedCited by 12 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
This is an appeal from a granting of the defendant’s motion to dismiss in a Truth-in-Lending Act class action. The district court based its dismissal on two grounds — that a class action was inappropriate for 15 U.S.C. § 1635 actions and that a successor obligor could not bring a Truth-in-Lending action. We reverse the judgment of the trial court as to the successorship theory but hold that the plaintiff cannot bring this action as a class action.
Rebecca James, the mother of the plaintiff here, contracted with the defendant in 1973 to have repairs and improvements done…
2Cases cited19 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Schreiber v. SharplessSupreme Court of the United States · 1884
- Richard L. Smith and Deborah L. Smith v. No. 2 Galesburg Crown Finance CorporationCourt of Appeals for the Seventh Circuit · 1980
- Denis J. Murphy, Trustee v. Household Finance CorporationCourt of Appeals for the Sixth Circuit · 1977
- Bowles v. Farmers Nat. Bank of Lebanon, Ky.Court of Appeals for the Sixth Circuit · 1945
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Richard M. Jones v. The Transohio Savings AssociationCourt of Appeals for the Sixth Circuit · 1984
- Elliott v. ITT Corp.District Court, N.D. Illinois · 1992
- Bracken v. Harris & Zide, L.L.P.District Court, N.D. California · 2004
- Gawry v. Countrywide Home Loans, Inc.District Court, N.D. Ohio · 2009
- In Re National Century Financial Enterprises, Inc., Investment LitigationDistrict Court, S.D. Ohio · 2010
7 more not listed; retrieve them via the Exa API.