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When Does 3-Yr SOL Run on TILA Claims: USSC Just Held (Unanimously) Mixed Questions (Of Fact & Law) Must Go to a Jury

justia.com | January 23, 2015

You MUST now argue that EQUITABLE TOLLING applies to the 3-yr SOL on TILA Claims; then ARGUE this is a mixed question of FACT & LAW under HANA.

BINGO! You just got the RIGHT to invoke a JURY on whether there is "equitable tolling" of your TILA claim!

Although claims of "equity" are decided by a judge "as a matter of law" -----whether your "FACTS" apply to the court's "equitable analysis" are for a JURY TO DECIDE FIRST!

DEMAND A JURY ON THE FACTS BEFORE THE JUDGE DECIDES THE EQUITABLE QUESTION! Jury verdicts are extremely difficult to get reversed and they usually want to rule for the homeowner not the BANKSTER.

Hana Fin., Inc. v. Hana Bank
Docket: 13-1211 Opinion Date: January 21, 2015
Areas of Law: Banking, Civil Procedure, Trademark

Hana Financial and Hana Bank both provide financial services to individuals in the U.S. When Hana Financial sued Hana Bank for trademark infringement, Hana Bank invoked the tacking doctrine, under which lower courts have provided that a trademark user may make certain modifications to its mark over time while, in limited circumstances, retaining its priority position. The district court adopted in substantial part the jury instruction on tacking proposed by Hana Bank. The jury returned a verdict in Hana Bank’s favor. Affirming, the Ninth Circuit explained that the tacking inquiry was an exceptionally limited and highly fact-sensitive matter reserved for juries, not judges. A unanimous Supreme Court affirmed. Whether two trademarks may be tacked for purposes of determining priority is a jury question. Lower courts have held that two marks may be tacked when they are considered to be “legal equivalents,” i.e., they “create the same, continuing commercial impression,” which “must be viewed through the eyes of a consumer.” When the relevant question is how an ordinary person or community would make an assessment, the jury is generally the decision-maker that ought to provide the fact-intensive answer. The “legal equivalents” test may involve a legal standard, but such mixed questions of law and fact have typically been resolved by juries. Any concern that a jury may improperly apply the relevant legal standard can be remedied by crafting careful jury instructions.

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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