Trial Spotlight: Federal Court in Wisconsin Rules FDCPA Plaintiff Lacks Standing

Court also orders plaintiff's counsel to "show cause" why he should not be sanctioned for "egregious omissions" in opposition brief regarding applicable legal precedent

February 18, 2022

A Hinshaw legal team in Milwaukee recently secured a summary judgment victory on behalf of client Dobberstein Law Firm in an FDCPA lawsuit filed in Wisconsin federal court. The court systematically rebutted each of the plaintiff's claims, cited a series of controlling precedents, and held that the plaintiff lacked standing to sue as she did not suffer a concrete or particularized injury. Hinshaw partner David Hanus represented Dobberstein in the case, with assistance from associate Steven Miracle.

The court did not stop there, however. Noting what it called "egregious omissions" in the plaintiff's opposition brief—among them a failure to acknowledge the U.S. Supreme Court’s ruling in Henson v. Santander regarding passive debt buyers—the court called on plaintiff's counsel to "show cause" why he should not be sanctioned.

Read the full opinion and order (PDF )

The case is Susan Endres v. UHG I LLC and Dobberstein Law Firm, case number 20-cv-644-wmc

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