No. 18-1567

Alexander A. Benzemann v. Houslanger & Associates, PLLC, et al.

Lower Court: Second Circuit
Docketed: 2019-06-24
Status: Denied
Type: Paid
Tags: circuit-split civil-litigation civil-procedure consumer-protection discovery-rule fair-debt-collection-practices-act federal-procedure standing statute-of-limitations
Key Terms:
Trademark
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the discovery rule applies to toll the one-year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the "discovery rule" applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit has held contrarily. I. Does the discovery rule under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., toll the one-year statute of limitations to run from the date of discovery of the facts of the cause of action, as the Fourth and Ninth Circuits have held, or from the date of discovery of merely the injury, as the Second Circuit has held contrarily.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-06-20
Petition for a writ of certiorari filed. (Response due July 24, 2019)

Attorneys

Alexander Benzemann
Andrew Lloyd TiajoloffTiajoloff & Kelly LLP, Petitioner
Andrew Lloyd TiajoloffTiajoloff & Kelly LLP, Petitioner