Legal Opinion

McCaig Ex Rel. Estate of McCaig v. Wells Fargo Bank (Texas), N.A.

Court of Appeals for the Fifth Circuit

Decided June 10, 2015No. 14-40114PublishedCited by 80 opinions

1Opinion of the Court

REAVLEY, Circuit Judge.

This judgment is based on a jury verdict finding violations of the Texas Debt Collection Act (“TDCA”) by Wells Fargo and awarding damages and attorney’s fees. Wells Fargo raises numerous issues on appeal. We affirm in large part but vacate the judgment and remand for entry consistent with this opinion.

BACKGROUND

In 2002, Allie Vida McCaig qualified for a mortgage and purchased the home directly behind that of her son and his wife, *471David and Marilyn McCaig.1 When Allie died, the McCaigs took over the mortgage payments, but the loan fell into default. Eventually, the…

2Cases cited62 opinions

  1. Coker v. CokerTexas Supreme Court · 1983
  2. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  3. Parkway Co. v. WoodruffTexas Supreme Court · 1995
  4. Bentley v. BuntonTexas Supreme Court · 2002
  5. El Apple I, Ltd. v. OlivasTexas Supreme Court · 2012

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3Cited by80 opinions

  1. Nicole Burton v. Freescale Semiconductor, Inc., etCourt of Appeals for the Fifth Circuit · 2015
  2. Alexandro Puga v. About Tyme Transport, IncCourt of Appeals for the Fifth Circuit · 2019
  3. In re General Motors LLC Ignition Switch LitigationDistrict Court, S.D. New York · 2017
  4. Tex. Advanced Optoelectronic Solutions, Inc. v. Renesas Elecs. Am., Inc.Court of Appeals for the Federal Circuit · 2018
  5. United States v. Allied Home Mortgage Corp.Court of Appeals for the Fifth Circuit · 2019

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