As the cost of education increases, and the economy is slow in creating new jobs for those with college and graduate degrees, more people are becoming delinquent with their student loans.  Americans owe about $1 trillion in student loans.  Unlike credit cards and other forms of debt, student loans, absent some limited circumstances, are not dischargeable in a…

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Everyone knows not to give a sitting judge the middle finger, right?  Well apparently not.   Penelope Soto, 18, was arrested for possession of Xanax and was brought before Miami-Dade Circuit Judge Jorge Rodriguez-Chomat Monday, after a almost comical exchange with the Honorable Rodriguez-Chomat, the defendant flipped the judge off and told him to go f-himself.…

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In Wells Fargo v. Allen, the Appellate Court held that the filing of a motion for summary judgment does not shift the burden of proof.  The moving party’s must stand on its own.  In this case the Court held that the Plaintiff is not entitled to summary judgment based on deficiencies in the Defendant’s responsive pleading.

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In Searchstoppers.com v. Trustcash, the Court held  Rule 55(b)(1) does not require the Plaintiff provide the appearing defaulted party notice of the motion for entry of default.  The court held: Given the grammatical construction of the two subsections of Rule 55(b) setting forth separate and distinct procedures for obtaining a default judgment depending on whether the claim…

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According to an article in the LA Times, immigration rights groups (including the ACLU)  filed a lawsuit challenging Gov. Brewer’s executive order denying driver’s licenses to illegal immigrant youths who recently received work permits under the White House’s new immigration relief program.    What the article fails to identify and most of the media will…

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The Arizona Supreme Court is considering to allow third-year law students to take the bar exam before graduation.  While all three Arizona based law schools (yes remember there is now the Phoenix School of Law) support the idea.  However, the Supreme Court’s Attorney Regulation Advisory Committee opposes the idea.  The Committee cited to several other…

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