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MH Obtains Favorable Supreme Court Decision


Kate Klaus and Jesse Roth recently submitted an amicus brief in the U.S. Supreme Court case, Obduskey v. McCarthy & Holthus LLP, 139 U.S. 1029 (2019).  The Court ultimately agreed with our arguments and held that a law firm engaged in nonjudicial foreclosure is not a “debt collector” subject to the FDCPA.  While other district courts have since construed Obduskey narrowly, we have obtained one of the few favorable decisions based on Obduskey, and it was recently upheld in a published Sixth Circuit decision:  Bates v. Green Farms Condominium Assoc., 958 F.3d 470 (6th Cir. May 4, 2020). The important decision came on the heels of Buchholz v. Meyer Njus, 946 F.3d 855 (6th Cir. 2020), a case in which we successfully advocated for more stringent pleading requirements in consumer litigation where the allegations of damages are nebulous.