DynCorp must face Afghanistan vendor’s claim for $2.6 million in pay

From Westlaw Journal Goverment Contract: A Texas federal judge has ruled that an Afghanistan company can proceed with its claim that DynCorp International owes it for work performed on a housing facility in Kabul

C3PO International Ltd. can pursue allegations that DynCorp failed to pay $2.6 million worth of invoices for services performed before the defendant terminated its contract, U.S. District Judge John McBryde of the Northern District of Texas ruled.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.)

(more…)

Debt collection case belongs in bankruptcy court, judge rules

From Westlaw Journal Bank & Lender Liability: A lawsuit accusing a debt collector of attempting to collect a mortgage debt by threatening foreclosure and demanding payment of allegedly incorrect amounts belongs in a bankruptcy court, a federal judge has decided.

U.S. District Judge Elizabeth A. Wolford of the Western District of New York threw out Donna Garfield’s complaint, saying that because the mortgage debt was discharged by a bankruptcy court she cannot bring her claims under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, in the District Court.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

L.A. Times sues Pentagon for info on defense contractor bonuses

From Westlaw Journal Government Contract: The Los Angeles Times and one of its reporters have sued the Defense Department to get information about bonuses and incentives paid to contractors working on a missile defense system.

The complaint, filed Jan. 15 in the U.S. District Court for the Central District of California, says the agency failed to provide the information following the newspaper’s proper requests under the Freedom of Information Act, 5 U.S.C. § 552.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Woman sues Wells Fargo to rescind mortgage loan

From Westlaw Journal Bank & Lender Liability: A Connecticut woman says in a federal court lawsuit that she is entitled to rescind a mortgage refinancing loan from Wells Fargo Bank because the company did not make proper disclosures of certain terms.

Allyson Smith says the documents she received from the bank did not contain the correct date on which her right to rescind the deal expired and failed to list material terms concerning the payments.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.)

(more…)

Arbitrator to make threshold decision in contractors’ $60 million employment suit

From Westlaw Journal Government Contract: An arbitrator must decide whether a group of security contractors who worked in Iraq and Afghanistan must arbitrate claims that their employer improperly classified them as independent contractors and denied them certain benefits, a federal judge has ruled.

U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia said the plaintiffs’ employment contracts with XE Services LLC and its affiliates, including former Blackwater entities, provide that questions regarding whether an agreement is subject to arbitration are to be decided by an arbitrator.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Tribal-loan borrowers must arbitrate dispute with debt collector

From Westlaw Journal Bank & Lender Liability: A Virginia federal judge has ruled that a dispute between three plaintiffs and a debt collector over payments on high-interest loans from an Internet tribal lender belongs in arbitration.

Judge John A. Gibney Jr. of the U.S. District Court for the Eastern District of Virginia said the borrowers’ loan contracts with nonparty lender Western Sky Financial LLC require arbitration of disputes with third-party debt collectors.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.)
(more…)

Car crash case against military contractor moved to Virginia

From Westlaw Journal Government Contract: A personal injury suit over a car crash in Afghanistan involving government contractor DynCorp has moved to Virginia after a California federal judge said none of the defendants’ contacts with California was sufficient for them to be subjected to jurisdiction there.

DynCorp International Inc. and the other defendants sought to have the case dismissed, but U.S. District Judge Samuel Conti of the Northern District of California said the plaintiffs risked having the suit time-barred if they had to refile it in the right court, so he ordered the case transferred to the U.S. District Court for the Eastern District of Virginia, where he said venue was proper.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Woman sues to stop debt collector from calling cellphone

From Westlaw Journal Bank & Lender Liability: A Minnesota woman says in a lawsuit that a debt collection company has been illegally calling her cellphone and leaving voicemail messages to collect a debt she did not incur.

Patricia Ebling’s complaint in the U.S. District Court for the District of Minnesota alleges that Minneapolis firm ClearSpring Loan Services Inc. has violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, which prohibits the use of an automated dialing system or artificial or pre-recorded voice to call a cellphone without consent.

(Westlaw users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

U.S. owes $964,000 for VA clinic security upgrades, contractor says

From Westlaw Journal Government Contract: A construction company says in a lawsuit that the U.S. Department of Veterans Affairs owes nearly $965,000 to cover increased project costs arising from the design and installation of security features to mitigate the impact of a possible explosion at an Ohio medical clinic.

Construction firm and landlord Premier Office Complex of Parma LLC says the United States must pay additional compensation because the VA changed the original security feature plans after entering into the contract to construct and lease the clinic.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.) (more…)

Debt collection, consumer protection claims proceed in suit over failed foreclosure

From Westlaw Journal Bank & Lender Liability: A federal judge in Philadelphia has denied summary judgment motions seeking to dismiss fraud and consumer protection claims against Wells Fargo Bank and a Philadelphia law firm stemming from an unsuccessful 2012 mortgage foreclosure action.

U.S. District Judge Gerald A. McHugh of the Eastern District of Pennsylvania found Sonya Hoffman could proceed on a claim that the bank, the firm Phelan Hallinan & Schmieg and attorney Courtenay R. Dunn violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law, or UTPCPL.

(WestlawNext users: Click here for the 10 most recent stories from Westlaw Journals.)

(more…)